Compiler's Note
The Act of the General Assembly, 1982 Extra Session, reap-
portioning the Fourth and Fifth Congressional Districts will
be found on page 2C of volume one. General Acts and Resolu-
tions of the 1983 Session will be found in volume one begin-
ning at page one. The only proposed amendment to the Con-
stitution passed at the 1983 Session will be found on page 972
of volume one. This volume is bound separately.
Local and Special Acts and Resolutions are grouped in vol-
ume two beginning on page 3501. Revisions and amendments
of municipal charters, made pursuant to the Municipal Home
Rule Act of 1965 as amended, and filed in the office of the
Secretary of State during 1982 are printed in volume two be-
ginning on page 4816. Home Rule Actions by Counties filed in
the office of the Secretary of State during 1982 are printed in
volume two beginning on page 4744.
There are no numbered pages between 1862 and 3501.
The indexes are printed in each volume and cover the
materials in both volumes. The tabular index lists matter by
broad categories; the general index is a detailed, alphabetical
index by subject matter.





LOCAL AND SPECIAL
ACTS AND RESOLUTIONS
OF THE
GENERAL
ASSEMBLY
OF THE
STATE OF GEORGIA
1983
Compiled and Published by Authority of the State
Volume II
6~a
SB 7
nn
V , 2-
GEORGIA LAWS 1983
TABLE OF CONTENTS
VOLUME ONE
Acts by NumbersPage References................................. iv
Bills and ResolutionsAct Number References..................... x
Acts and Resolutions of General Application..................... 2C
Vetoes by the Governor, 1979 Session............................ 1863
Map of Counties and Judicial Circuits........................... 1876
Appellate CourtsPersonnel .................................... 1877
Superior CourtsPersonnel and Calendars......................... 1878
IndexTabular.................................................... 1888
IndexGeneral ................................................... 1907
Population of Georgia CountiesAlphabetically................... 1953
Population of Georgia CountiesNumerically...................... 1956
Georgia Senatorial Districts, Alphabetically by County.......... 1958
Georgia Senators, Alphabetically by Name........................ 1960
Georgia Senators, Numerically by District ...................... 1962
Georgia House Districts, Alphabetically by County............... 1964
Georgia Representatives, Alphabetically by Name................. 1966
Georgia Representatives, Numerically by District................. 1974
Status of Referendum Elections for the Years 1953-1983 ......... 1982
TABLE OF CONTENTS
VOLUME TWO
Acts by NumbersPage References................................. iv
Bills and ResolutionsAct Number References..................... x
Acts and Resolutions of Local Application....................... 3501
County Home Rule Actions......................................... 4744
Municipal Home Rule Actions...................................... 4816
Vetoes by the Governor, 1979 Session............................ 4981
Map of Counties and Judicial Circuits........................... 4994
Appellate CourtsPersonnel ...................................... 4995
Superior CourtsPersonnel and Calendars......................... 4996
IndexTabular.................................................... 5006
IndexGeneral ................................................... 5025
Population of Georgia CountiesAlphabetically.................... 5071
Population of Georgia CountiesNumerically...................... 5074
Georgia Senatorial Districts, Alphabetically by County.......... 5076
Georgia Senators, Alphabetically by Name........................ 5078
Georgia Senators, Numerically by District ....................... 5080
Georgia House Districts, Alphabetically by County................ 5082
Georgia Representatives, Alphabetically by Name.................. 5084
Georgia Representatives, Numerically by District................. 5092
Status of Referendum Elections for the Years 1953-1980 ......... 5100
iii
ACTS BY NUMBERS, PAGE REFERENCES
Act No. Page
1-Ex. Seas.................... 2C
1 ........................... 3
2 ......................... 140
3 ......................... 159
4 ........................ 3503
5 ........................ 3506
6 ......................... 349
7 ......................... 358
8 ......................... 359
9 ........................ 3509
10 .......................... 3513
11 .......................... 3521
12 ........................... 385
13 ......................... 3524
14 ......................... 3534
15 ......................... 3561
16 .......................... 386
17 ......................... 3563
18 ......................... 3566
19 ......................... 3570
20 ......................... 3573
21 ....................... 393
22 ......................... 3581
23 .......................... 395
24 ......................... 3586
25 .......................... 400
26 ......................... 3590
27 ......................... 3605
28 ......................... 3611
29 ......................... 3617
30 ......................... 3621
31 ......................... 3623
32 .......................... 402
33 ......................... 3626
34 ......................... 3628
35 ......................... 3631
36 ......................... 3634
37 ......................... 3636
38 ......................... 3639
39 ......................... 3641
40 ......................... 3646
41 ......................... 3649
42 ......................... 3651
43 ......................... 3654
44 ......................... 3684
45 ......................... 3686
46 ......................... 3688
Act No. Page
47 .......................... 3691
48 ......................... 3693
49 ......................... 3695
50 ......................... 3697
51 ......................... 3699
52 ......................... 3707
53 ......................... 3709
54 ......................... 3711
55 ......................... 3714
56 ......................... 3716
57 ......................... 3718
58 ......................... 3721
59 ......................... 3724
60 ......................... 3726
61 .......................... 403
62 ......................... 3728
63 ......................... 3731
64 ......................... 3733
65 ......................... 3734
66 ......................... 3737
67 ......................... 3739
68 ......................... 3748
69 ......................... 3750
70 ......................... 3753
71 ......................... 3755
72 ......................... 3757
73 ......................... 3759
74 ......................... 3768
75 ........................ 3771
76 ......................... 3773
77 ......................... 3776
78 ......................... 3778
79 ......................... 3781
80 ......................... 3783
81 ......................... 3785
82 ........................ 3790
83 ......................... 3794
84 ......................... 3797
85 ......................... 3800
86 ......................... 3802
87 ......................... 3804
88 ......................... 3809
89 .......................... 404
90 ......................... 3811
91 ......................... 3814
92 ......................... 3818
93 ......................... 3820
IV
Act No.
Page Act No.
Page
94 ......................... 3822 144
95 ......................... 3825 145
96 ......................... 3827 146
97 ......................... 3830 147
98 ......................... 3834 148
99 ......................... 3863 149
100 ........................ 3865 150
101 ........................ 3868 151
102 ........................ 3870 152
103 ...................... 3873 153
104 ........................ 3875 154
105 ........................ 3878 155
106 ........................ 3880 156
107 ......................... 405 157
108 ........................ 3884 158
109 ........................ 3887 159
110 ........................ 3889 160
111 ........................ 3892 161
112 ........................ 3894 162
113 ........................ 3896 163
114 ........................ 3899 164
115 ........................ 3902 165
116 ........................ 3904 166
117 ........................ 3906 167
118 ........................ 3909 168
119 ........................ 3911 169
120 ........................ 3919 170
121 ........................ 3923 171
122 ........................ 3925 172
123 ........................ 3927 173
124 ......................... 407 174
125 ...................... 3931 175
126 ........................ 3933 176
127 .......................... 412 177
128 ........................ 3936 178
129 ........................ 3938 179
130 ........................ 3940 180
131 ........................ 3943 181
132 ........................ 3945 182
133 ........................ 3947 183
134 ........................ 3949 184
135 ........................ 3951 185
136 ........................ 3954 186
137 ........................ 3956 187
138 ........................ 3958 188
139 ....................... 3960 189
140 ......................... 414 190
141 ........................ 3964 191
142 ........................ 3967 192
143 ........................ 3971 193
3973
3975
3978
3980
3982
3984
3994
415
4000
4002
4004
4006
4010
4027
4031
4034
4037
4039
4043
4046
4048
4051
4053
4055
416
4057
4061
4063
4065
4068
4072
4074
4077
4079
418
419
4081
4805
4087
421
424
444
445
447
448
449
452
454
455
456
v
Act No.
Page
299
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
Page Act No.
457 244 ............................ 544
459 245............................. 545
460 246 ............................ 546
461 247............................. 548
462 248............................. 550
464 249............................. 555
465 250............................. 559
467 251 ........................... 575
468 252............................. 576
469 253............................. 578
471 254............................. 581
473 255............................. 602
475 256............................. 616
476 257............................. 620
478 258............................. 622
479 259............................. 623
482 260............................. 629
484 261............................. 632
485 262............................. 633
487 263............................. 635
489 264 ............................ 637
490 265 ............................ 638
493 266 ............................ 639
494 267 ............................ 641
495 268............................. 643
496 269 ............................ 645
499 270 ............................ 646
500 271 ............................ 647
503 272 ............................ 649
504 273............................. 651
506 274............................. 653
507 275............................. 655
509 276 ............................ 659
511 277............................. 661
513 278............................. 664
514 279............................. 665
515 280............................. 667
518 281............................. 669
520 282............................. 670
521 283............................. 672
523 284............................. 673
525 285............................. 675
526 286............................. 676
528 287............................. 677
529 288............................. 679
531 289............................. 680
532 290............................. 681
535 291............................. 683
538 292............................. 684
539 293............................. 685
vi
Act No.
Page
Page Act No.
294 ........................ 686 344
295 ........................ 688 345
296 .......................... 689 346
297 .......................... 691 347
298 .......................... 692 348
299 .......................... 694 349
300 .......................... 695 350
301 .......................... 697 351
302 .......................... 699 352
303 .......................... 700 353
304 .......................... 702 354
305 .......................... 705 355
306 .......................... 710 356
307 .......................... 716 357
308 .......................... 719 358
309 .......................... 720 359
310 .......................... 721 360
311 .......................... 722 361
312 .......................... 724 362
313 .......................... 725 363
314 .......................... 726 364
315 .......................... 728 365
316 .......................... 729 366
317 .......................... 732 367
318 .......................... 734 368
319 .......................... 735 369
320 .......................... 737 370
321 .......................... 739 371
322 .......................... 743 372
323 .......................... 745 373
324 .......................... 748 374
325 ......................... 4094 375
326 ......................... 4097 376
327 ......................... 4105 377
328 ......................... 4108 378
329 ......................... 4110 379
330 ......................... 4113 380
331 ......................... 4115 381
332 .......................... 752 382
333 ......................... 4119 383
334 ......................... 4122 384
335 ......................... 4125 385
336 ......................... 4127 386
337 ......................... 4130 387
338 ......................... 4134 388.
339 ......................... 4140 389
340 ......................... 4143 390
341 ......................... 4145 391
342 ......................... 4149 392.
343 ......................... 4151 393.
4153
4155
4157
4161
4167
4170
4173
4176
4178
4181
4186
4188
753
4191
4194
4205
4208
4210
4213
759
761
4217
764
4220
4223
4228
4231
4234
4238
4245
4247
4251
4256
4263
4266
4270
4274
4278
774
4283
4294
4299
775
4302
4316
4322
4324
4327
4330
4322
vii
Act No.
Page
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
Page Act No.
4334 444.......................... 4386
4339 445........................... 1000
4341 446........................... 1024
4344 447........................... 1026
4346 448........................... 1059
4350 449........................... 1079
4353 450........................... 1087
4357 451 1094
4362 452........................... 1097
778 453........................... 1116
781 454........................... 4411
783 455........................... 4419
784 456........................... 4432
786 457........................... 4443
790 458........................... 4466
796 459........................... 4481
804 460........................... 4493
806 461 4495
819 462........................... 4501
822 463........................... 4503
823 464........................... 1118
825 465........................... 4511
827 466........................... 4514
829 467........................... 4518
831 468........................... 4525
834 469........................... 4529
836 470........................... 4538
837 471........................... 4544
839 472 4547
852 473........................... 4553
859 474........................... 4565
864 475........................... 4570
867 476........................... 4578
881 477........................... 4594
882 478........................... 1123
884 479........................... 4605
4367 480 4607
4373 481 4614
4376 482........................... 4620
930 483........................... 4622
936 484 4625
938 485........................... 4656
941 486........................... 4662
945 487........................... 4665
946 488........................... 4698
949 489........................... 1146
951 490........................... 1153
956 491 1158
961 492........................... 1161
964 493........................... 1170
viii
Act No.
Page
Page Act No.
494 .......................... 1182 533
495 .......................... 1185 534
496 .......................... 1189 535
497 .......................... 1190 536
498 .......................... 1203 537
499 .......................... 1205 538
500 .......................... 1207 539
501 .......................... 1210 540
502 .......................... 1212 541
503 .......................... 1213 542
504 .......................... 1214 543
505 .......................... 1218 544
506 .......................... 1219 545
507 .......................... 1228 546
508 .......................... 1255 547
509 .......................... 1298 548
510 .......................... 1299 549
511 .......................... 1300 550
512 .......................... 1303 551
513 .......................... 1304 552
514 .......................... 1306 553
515 .......................... 1307 554
516 .......................... 1309 555
517 .......................... 1310 556
518 .......................... 1316 557
519 .......................... 1317 558
520 .......................... 1323 559
521 .......................... 1326 560
522 .......................... 1340 561
523 .......................... 1346 562
524 .......................... 1350 563
525 .......................... 1368 564
526 .......................... 1389 565
527 .......................... 1401 566
528 .......................... 1411 567
529 .......................... 1419 568
530 .......................... 1426 569
531 .......................... 1429 570
532 .......................... 1430 571
1431
1437
1441
1450
4702
4704
4707
1461
1464
1466
1468
1469
1470
1474
1479
1508
1539
1547
1548
1566
1592
1593
1595
1603
1795
1798
1805
1806
1809
1815
1816
1820
1831
1834
1849
1850
4710
1856
1859
RESOLUTIONS BY NUMBER, PAGE REFERENCES
Res. No. Page
1 .......................... 4090
2 ........................... 440
3 ........................... 442
4 .......................... 4091
5 ........................... 582
6 ........................... 584
Res. No. Page
7 .......................... 586
8 .......................... 588
9 .......................... 590
10 ........................... 592
11 ........................... 594
12 ........................... 596
IX
Res. No.
Res. No.
Page
Page
13 ...................... .. 4092 24
14 .......................... 598 25
15 ......................... 599 26
16 ......................... 4378 27
17 .......................... 966 28
18 ......................... 4380 29
19 .......................... 967 30
20 ......................... 4381 31
21 ......................... 4382 32
22 ......................... 4384 33
23 .......................... 969 34
972
974
975
978
983
987
989
992
995
997
999
BILLS AND RESOLUTIONSACT NUMBER
REFERENCES
House Bill
1
2
3
4
6
7
8
10
11
12
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Act No. House Bill Act No.
3 36............................ 296
. . 313 43............................ 435
1 44 226
2 45............................ 227
.. 292 50............................ 436
7 51............................ 228
23 56 531
. . 519 58............................ 417
. . 215 66............................ 185
. . 501 68............................ 437
. . 216 70............................ 186
. . 217 71............................ 528
. . 218 72............................ 211
. . 502 75............................ 252
.. 219 76............................. 28
.. 220 77............................ 297
.. 293 79............................ 298
.. 221 80............................ 299
.. 222 81............................ 187
.. 549 82............................ 178
.. 527 83............................ 21
.. 223 84............................. 13
. . 224 85............................ 176
.. 407 89 438
.. 294 90 418
. 295 92.......................... Veto 6
.. 229 93............................ 314
.. 433 96............................ 188
.. 434 103......................... Veto 12
.. 225 104............................. 6
I 416 107 570
121
127
128
129
130
133
134
135
136
138
139
140
142
145
149
153
159
163
170
171
173
179
185
188
189
190
191
192
193
194
195
196
197
207
209
212
215
219
220
221
222
230
231
House Bill
Act No.
Act No.
230
5
548
415
315
189
429
251
489
550
445
231
232
190
272
439
419
322
233
529
191
512
440
556
490
453
544
300
364
510
565
154
153
152
177
151
179
517
150
8
494
495
149
525
148
277
261
568
420
236 ............................ 516
242............................. 192
245 .......................... 496
246 .......................... 508
247 .......................... 523
249 .......................... 543
250 .......................... 553
254 .......................... 262
255 .......................... 263
257.............................. 11
260 .......................... 147
261 .......................... 146
262 .......................... 145
263 .......................... 144
264 .......................... 143
266 ............................ 264
273............................. 571
278 .......................... 503
279 ........................... 99
280 .......................... 444
282............................. 413
286 .......................... 316
287 .......................... 193
288 .......................... 278
289 .......................... 381
294 ............................ 506
297 ............................ 505
299............................. 194
301 ........................... 142
302 ............................ 9
308 ............................ 403
310 .......................... 535
311 ............................ 4
312 ......................... 141
313 .......................... 279
314 .......................... 497
318............................. 265
320............................. 195
322............................. 471
324 .......................... 493
325 .......................... 563
326 .......................... 498
328 .......................... 382
329 .......................... 421
330 .......................... 280
332 ...................... Veto 3
333 ........................... 14
334 ........................... 15
341
344
345
347
348
350
351
352
353
355
356
357
361
363
364
365
366
368
371
373
374
375
379
381
385
386
387
388
389
391
395
397
399
400
401
407
408
409
410
415
419
420
421
424
Act .No. House Bill Act No.
. . 542 426............................. 26
. . 383 427............................ 404
. . 449 428 507
. . 366 429............................ 534
.. 384 430............................ 107
.. 100 432 564
.. 101 435............................ 317
.. 324 436............................ 514
. 452 437............................ 200
.. 331 439............................ 318
29 440 524
10 441 414
. . 196 443 341
.. 197 447............................ 201
. . 266 448 284
. . 198 449............................ 461
. . 281 452............................ 139
. . 199 458............................ 560
30 460............................ 184
.. 536 469 402
.. 267 470............................ 342
.. 491 471 343
.. 268 474 562
.. 547 475............................ 344
. . 499 476............................ 202
.. 545 477............................ 319
.. 546 478 285
.. 269 479......................... Veto 1
.. 533 483............................ 472
.. 526 485............................. 32
. . 102 486 481
. . 340 487 569
. . 270 488 33
. . 323 489............................. 34
24 490 35
. . 273 491 66
.. 282 492............................ 271
.. 427 496............................ 103
. . 492 497............................ 286
, . 283 498............................ 365
.. 330 499............................ 104
. . 140 504............................ 287
.. 329 505............................ 522
31 506............................ 138
.. 540 507 530
.. 555 508............................ 460
. . 566 509............................. 16
H 500 513 288
xii
House Bill
Act No.
House Bill
Act No.
514
515
517
526
527
530
532
537
538
539
540
544
545
548
550
551
555
556
557
558
561
562
563
564
566
567
568
569
570
574
575
577
578
580
581
585
587
590
595
596
601
605
606
607
608
609
611
612
137
136
45
46
' 47
567
410
480
454
48
49
515
509
289
462
247
245
67
50
51
119
68
463
52
446
447
248
328
367
53
105
455
459
441
442
405
473
479
345
368
346
312
521
17
246
431
327
54
613.
614.
615.
621.
622.
625.
627.
628.
629.
630.
631.
632.
636.
638.
639.
641.
642.
643 .
645.
647 .
648.
652.
653.
655.
656.
658.
660.
662.
663.
665.
666.
668.
673.
674.
675.
676.
677.
678.
679.
682.
687.
688.
689
690.
692.
693.
694.
695.
69
70
71
72
443
411
363
73
326
74
75
347
18
478
428
76
482
77
532
290
450
78
79
106
55
369
401
325
332
537
350
56
57
19
291
80
58
108
59
81
109
474
333
400
110
334
483
335
697
699
700
701
705
707
708
709
710
712
713
714
715
716
718
719
720
721
722
729
730
731
736
737
738
739
740
741
742
743
744
745
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
Act No. House Bill Act No.
. . 336 765............................ 379
82 766............................ 477
83 767............................. 91
84 768............................ 117
I 464 769............................. 92
Veto 2 770............................. 62
.. 484 771............................. 63
85 772............................. 93
.. 399 773............................. 94
. . 398 774............................ 486
.. Ill 775............................ 118
.. 349 776............................ 172
.. 485 777............................ 173
.. 466 778............................. 95
.. 465 779............................ 371
.. 370 780............................ 372
.. 112 781............................ 380
.. 348 782............................ 430
.. 397 783............................ 476
22 784............................ 338
.. 396 785............................ 339
.. 467 786............................ 470
. . 351 787............................. 64
. . 352 793............................ 135
.. 475 794............................ 134
.. 353 795............................ 133
.. 354 796 65
.. 456 797............................ 132
.. 355 798............................ 131
.. 468 799............................ 130
.. 395 800 357
.. 113 801 358
.. 394 802............................ 378
.. 114 803............................ 174
.. 337 804............................ 175
60 806 432
.. 393 807............................ 377
86 808 487
.. 469 809............................ 129
61 810........................... 128
I 356 811............................ 127
.. 115 813............................ 488
.. 116 818........................... 126
87 819............................ 125
88 820............................ 124
27 821 376
89 822............................ 359
90 823............................ 123
XIV
824
825
827
829
834
836
837
838
841
843
Sen
1
2
5
8
11
13
21
30
31
32
40
41
42
45
56
59
65
69
70
72
73
81
83
84
89
91
96
102
105
110
111
113
121
183
169
425
160
168
320
321
167
276
to 7
424
250
166
12
165
240
255
256
to 8
164
214
241
305
423
242
243
253
163
408
409
254
520
203
257
204
307
551
205
448
554
258
159
41
158
j 11
306
Act No.
Senate Bill
122
375
121
120
360
457
458
374
361
373
Act No.
. 504
. 511
. 234
. 412
. 235
. 237
. 274
. 311
. 426
. 210
. 310
. 557
. 406
. 212
. 303
. 541
25
. 304
. 451
. 275
. 249
. 561
. 238
. 239
. 236
Veto 5
. 559
. 309
. 171
Veto 9
. 170
. 308
. 552
123.
124.
130.
132.
133.
136.
137.
140.
146.
147.
151.
154.
155.
159.
160.
161.
162.
163.
165.
168.
169.
171.
173.
176.
178.
180.
182.
183.
184.
188.
189.
190.
193.
194.
195.
196.
199.
200.
204.
206.
207.
208.
210.
211.
212.
215.
xv
221
225
233
237
239
241
242
249
251
253
255
256
260
262
264
265
266
268
269
270
273
274
276
277
278
279
280
283
287
288
289
293
294
295
296
299
300
301
302
303
305
Act No. Senate Bill
Act No.
... 162
. . 20
. . 422
. . 386
Veto 4
161
.. 301
.. 513
. 302
.. 206
. . 244
. . 207
. . 362
. . 259
. . 208
.. 558
.. 157
42
43
44
. . 213
. . 260
.. 209
.. 180
.. 181
.. 155
Veto 10
36
. . 156
37
. . 518
97
98
.. 385
38
. . 182
39
40
. . 392
. . 538
96
... 391
.. 390
.. 389
306
307
308
539
388
387
House Resolution Res. Act No.
12............................. 33
14 ........................... 23
15 ........................... 17
27.............................. 5
30............................. 24
64............................. 32
66 ........................... 19
67 ........................... 25
69.............................. 1
71H............................ 20
72R............................ 26
76............................. 27
90............................. 34
93R............................ 22
105R........................... 18
106.......................... 28
107............................. 8
145............................ 14
154............................. 6
158............................ 39
161R........................... 21
220............................ 30
222............................ 31
246............................ 13
292R........................... 16
Senate Resolution Res. Act No.
6............................. 2
11.............................. 15
49R.............................. 3
79................................ 4
83.............................. 12
89.............................. 11
111 ............................. 7
112 ........................ 10
121 .............................. 9
xvi













LOCAL AND SPECIAL
ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
19 8 3
Compiled and Published by authority of The State













LOCAL AND SPECIAL
ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
19 8 3
JEFFERSON COUNTY TAX COMMISSIONER,
SALARY, ETC.
No. 4 (House Bill No. 311).
AN ACT
To amend an Act creating the office of tax commissioner of
Jefferson County, approved March 21,1968 (Ga. L. 1968, p. 2573), as
amended by an Act approved April 6,1981 (Ga. L. 1981, p. 3689), so as
to provide a salary for the tax commissioner which shall be in lieu of
all other compensation; to provide for assistants to and deputies of
the tax commissioner; 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 office of tax commissioner of
Jefferson County, approved March 21,1968 (Ga. L. 1968, p. 2573), as
amended by an Act approved April 6,1981 (Ga. L. 1981, p. 3689), is
amended by replacing Sections 4 and 5 with new sections to read as
follows:
Section 4. (a) The tax commissioner shall be compensated on a
salary basis.
3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) It is specifically provided that the salary provided in this
section for the tax commissioner shall be in lieu of all fees, commis-
sions, costs, fines, percentages, forfeitures, penalties, and other per-
quisites of whatever kind, including those commissions allowed by
Code Section 40-2-30 of the O.C.G.A., 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 Department
of Revenue, and including those commissions allowed by subsection
(c) of Code Section 48-5-180 of the Official Code of Georgia Anno-
tated, 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) All fees, commissions, costs, fines, percentages, forfeitures,
and other perquisites formerly allowed to the tax commissioner as
compensation shall be funds of the county and shall be accounted for
and paid to the fiscal officer of the county at least once every month.
(d) Effective March 1, 1983, the tax commissioner shall be
compensated by an annual salary of not less than $18,000.00, payable
in equal monthly installments from county funds. On or after July 1,
1983, the county governing authority may supplement the tax com-
missioners salary, but the total annual salary of the tax commissioner
including any such supplement shall not exceed $20,000.00.
(e) For the period of February 15, 1983, through February 28,
1983, the tax commissioner shall receive compensation calculated by
beginning with a base figure of $750.00 and either:
(1) Subtracting from that base figure the amount by which
all compensation, including fees and salary, received by the tax
commissioner for services during the period of January 1, 1983,
through February 15,1983, exceeds $2,250.00; or
(2) Adding to that base figure the amount by which all
compensation, including fees and salary, received by the tax
commissioner for services during the period of January 1, 1983,
through February 15,1983, is less than $2,250.00.
The compensation computed above shall be paid from county
funds.
GEORGIA LAWS 1983 SESSION
3505
Section 5. (a) There shall be two full-time deputies to the tax
commissioner. These deputies and their successors shall be appointed
by the tax commissioner and may be discharged by the tax commis-
sioner in his sole discretion. The tax commissioner may also employ
such number of part-time personnel for such periods of time as are
authorized by the county governing authority, and the selection and
discharge of such number of part-time personnel as are authorized
shall be within the sole discretion of the tax commissioner.
(b) The compensation of the deputy tax commissioners and
part-time personnel shall be fixed by the county governing authority,
but the compensation of a deputy tax commissioner shall not be
reduced during his employment.
(c) All expenses incurred by the tax commissioner in operating
and discharging the official duties of his office, including, but not
limited to, office equipment, supplies, fixtures, and utility expenses,
shall be paid by the county from county funds.
Section 2. This Act shall become effective February 15,1983.
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
1983 session of the General Assembly of Georgia a bill to place the
Tax Commissioner of Jefferson County on a salary, to designate
number of office employees, and for other purposes.
This 7th day of December, 1982.
E. E. Bargeron
Representative,
83rd District
Representative/Elect,
108th District
12-16-3C
3506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 is Representative from the 108th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the News and Farmer and Wadley
Herald which is the official organ of Jefferson County, on the follow-
ing dates: December 16,23,30,1982.
/s/ Emory E. Bargeron
Representative,
108th District
Sworn to and subscribed before me,
this 19th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 15,1983.
CITY OF THOMASTON BOARD OF EDUCATION.
No. 5 (House Bill No. 112).
AN ACT
To amend an Act establishing a new charter for the City of
Thomaston, Georgia, approved March 15,1933 (Ga. L. 1933, p. 1070),
GEORGIA LAWS 1983 SESSION
3507
as amended, so as to change the method of selecting members of the
board of education; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a new charter for the City of
Thomaston, Georgia, approved March 15,1933 (Ga. L. 1933, p. 1070),
as amended, is amended by striking in its entirety subsection (a) of
Section 37 and inserting in lieu thereof a new subsection (a) to read as
follows:
(a) The board of education for the said system of public schools
shall consist of seven members, the term of office of which shall be
seven years, with the senior member to be retired annually on the last
Friday in June and not to be eligible for reelection within two years
thereafter. The manner of filling vacancies on said board, whether
such vacancy is created by the expiration of the term of a member or
otherwise shall be as follows: the board shall, by majority vote,
nominate not less than three persons to the mayor and council of the
City of Thomaston to fill said vacancy and the mayor and council
shall, by majority vote, select one from among the persons thus
nominated to fill such vacancy. A members term shall continue until
his successor has been selected and has assumed the duties of office.
Said board, in making said nominations, and said mayor and council,
in making its selections, shall actively seek to ensure that all segments
of the community which it serves are adequately and properly repre-
sented on said board without discrimination as to any segment. The
senior member currently holding over shall be replaced in the manner
provided in this subsection immediately following the effective date
of this subsection.
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
1983 session of the General Assembly of Georgia a Bill to amend the
Act creating a new Charter for the City of Thomaston, approved
March 15, 1933, (Ga. L. 1933, p. 1070 et. seq.), as amended so as to
provide a new method of filling vacancies on the Board of Education.
3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 15th day of December, 1982.
/s/ Marvin Adams
Representative,
79th District
Georgia, Fulton County.
Personally appeared before me, the undersigned officer autho-
rized to administer oaths, Marvin Adams, author of the foregoing
legislation, who, on oath, deposes and says that he is the Representa-
tive from the 79th House District of Georgia, and that the above and
foregoing copy of Notice of Intention to Introduce Local Legislation
was published in The Thomaston Times and The Free Press, the
official organ of Upson County, on December 22, and December 29,
1982, and January 5,1983.
/s/ Marvin Adams
Representative,
79th District
Sworn to and subscribed before me,
this 10th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 15,1983.
GEORGIA LAWS 1983 SESSION
3509
MACON-BIBB COUNTY WATER & SEWERAGE
AUTHORITY ACT AMENDED.
No. 9 (House Bill No. 302).
AN ACT
To amend an Act known as the Macon-Bibb County Water &
Sewerage Authority Act approved April 11, 1973 (Ga. L. 1973, p.
2603, Et. Seq.), as amended by an Act entitled Macon-Bibb County
Water & Sewerage Authority Act Amended approved February 8,
1974 (Ga. L. 1974, p. 2031, Et. Seq.), as amended by Acts approved
March 22,1974 (Ga. L. 1974, p. 3074) approved April 11,1979 (Ga. L.
1979, p. 3816), and as approved April 26,1980 (Ga. L. 1980, p. 3152),
so as to authorize the Macon-Bibb County Water & Sewerage Author-
ity by ordinance or regulations, to qualify for and authorize it to apply
for and obtain a license or permit, known as National Pollution
Discharge Elimination System (N.P.D.E.S.) permit and/or monetary
grants pursuant to the provisions of the Federal Water Pollution
Control Act, as amended (Title 33, Section 1251, Et. Seq. USC) and
the Georgia Water Quality Control Act, as amended, (12-5-20 Et.
Seq. Official Code of Georgia Annotated) and by regulations to adopt,
promulgate, administer, set standards and provisions for, regulate,
enforce, amend, compel compliance with and monitor from time to
time, a pretreatment program pertaining to the pretreatment of
sewage effluent that is to be treated by waste water treatment
facilities of such authority, including, but not limited to, right to seek
injunctive relief against a violator of any pretreatment regulation
without the necessity of showing lack of adequate remedy at law and
to assess and collect a civil penalty not to exceed $750.00 per day
against violators for noncompliance with any pretreatment standard
or requirement, subject to judicial review; to provide for remedial
action including immediate termination of water and/or sewer service
in emergencies endangering the life or health of persons and/or
serious permanent damage to water or sewage equipment or facilities;
which pretreatment program shall comply with and meet all require-
ments of the provisions applicable thereto as set forth in both said
federal and Georgia Acts and respective regulation adopted thereto;
to encompass the aforesaid rights and powers in a new section to the
Charter of said Authority to be known as Section 4.5(g); to provide
for an effective date of this Act; to repeal conflicting laws; and for
other purposes.
3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. The following Section 4.5(g) is hereby adopted as part
of the Charter of said Authority, to-wit:
Section 4.5(g). Said Authority is authorized to: (1) qualify, apply
for and obtain a license(s) or permit(s), known as National Pollution
Discharge Elimination System (N.P.D.E.S.) permit, and/or monetary
grants for the collection, treatment and discharge of waste waters
pursuant to the provisions of the Federal Water Pollution Control
Act, as amended, (Title 33, Section 1251 Et. Seq. USC) and the
Georgia Water Quality Control Act, as amended, (Section 12-5-20
Et. Seq. Official Code of Georgia Annotated) and the respective
regulations adopted pursuant thereto; (2) by regulations provide for
the adoption, promulgation, administration, setting of standards and
provisions for, regulating, enforcing, amending, monitoring and com-
pelling compliance with the terms, conditions and provisions of a
Pretreatment Program pertaining to the pretreatment of industrial
waste water effluent that is to be delivered into the Authoritys
sewerage system and is to be treated by the waste water treatment
facilities of such Authority, which Pretreatment Program shall
include and comply with all requirements and provisions applicable
thereto as set forth in both said Federal Water Pollution Control
Act, as amended, and the Georgia Water Quality Control Act, as
amended, and the respective regulations thereto; and additional
restrictions that are required in order to allow the Authority to
comply with their N.P.D.E.S. permit; provided, however, any regula-
tions issued subsequent to the initial regulations issued pursuant to
the Authority herein or any amendment to such initial regulations
shall not go into effect until notice thereof has been advertised in the
official organ of Bibb County at least twice not later than 15 days
prior to the effective date thereof and providing an opportunity for
interested parties to be heard thereon at least five days before such
effective date; (3) make application to Superior Court of Bibb
County, Georgia for injunctive relief against any person who has
engaged in or is about to engage in any act or practice which
constitutes or will constitute a violation of any provision of such
Pretreatment Regulations, seeking an order enjoining and restraining
such act or practice. Upon a showing by the Authority that such
person has engaged in or is about to engage in any such act or practice,
a permanent or temporary injunction, restraining order, or other
order shall be granted without the necessity of showing a lack of
adequate remedy at law; (4) to provide that any person, firm or
GEORGIA LAWS 1983 SESSION
3511
corporation that fails to comply with any of the pretreatment stan-
dards or requirements set forth in such Pretreatment Regulations
shall be liable to civil penalty not to exceed $750.00 per day for each
day during which such noncompliance continues. The General Man-
ager of said Authority (or such other employee the Authority desig-
nates), after a hearing, shall determine whether or not any such
person is in noncompliance of any such standard or requirement and
may, upon a proper finding, issue his order imposing such civil
penalties as provided hereinbefore. Any person so penalized pursu-
ant hereto is entitled to judicial review. In this connection, all
hearings and proceedings for judicial review shall be in accordance
with Code Section 50-13-19 Official Code of Georgia Annotated; the
venue shall be in the Superior Court of Bibb County. All penalties
recovered by the General Manager or such other employee designated
by the Authority, as provided herein shall be paid into the general
treasury of the Authority and to the credit of its general fund; (5) In
any instance of an emergency, where there is a violation of a regula-
tion of the Pretreatment Program of the Authority, or otherwise, a
condition exists which presently causes, or the continuance of which
is (1) a present danger to the life or health of persons or (2)
permanently and seriously damaging (a) water treatment, or water
quality equipment of facilities or (b) waste water treatment, or waste
water equipment or facilities, the General Manager (or such other
employee as the Authority designates) is authorized to immediately
terminate water and/or sewer service as is necessary to stop and
eliminate such danger and/or damage.
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 Enact Local Legislation.
Pursuant to the provisions of Article III, section 7, paragraph 15 of
the constitution of the State of Georgia, notice is hereby given that
application will be made to the 1983 session of the General Assembly
of the State of Georgia to amend an act known as the Macon-Bibb
County Water and Sewerage Authority Act approved April 11,1973
(Georgia Laws 1973, page 2603 et seq.), as amended, so as to authorize
3512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
such authority by ordianance or regulations, to qualify for and
authorize it to apply for and obtain a license or permit, known as
National Pollution Discharge Elimination System (N.P.D.E.S.)
Permit and/or monetary grants pursuant to the provisions of the
Federal Water Pollution Control Act, as amended (Title 33, section
1231, et seq. USC) and the Georgia Water Quality Control Act as
amended, (Section 12-5-20 et seq. Official Code of Georgia), and by
regulations to adopt, promulgate, administer, set standards and
provisions for, regulate, enforce, amend, compel compliance with and
monitor from time to time, a pretreatment program pertaining to the
pretreatment of sewage affluent that is to be treated by waste water
treatment facilities of such authority, including, right to seek injunc-
tive relief against a violator of any pretreatment regulation without
the necessity of showing lack of adequate remedy at law and to assess
and collect a civil penalty not to exceed $750.00 per day against
violators, subject to judicial review; to provide for remedial action
including immediate termination of water and/or sewer service in
emergencies endangering the life or health of persons and/or serious
permanent damage to water treatment or sewage treatment, or water
or sewage equipment and facilities; to provide for other matters
relative to all of the foregoing; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
This 10th day of December, 1982.
/s/ Wallace Miller, Jr.
Attorney for
Macon-Bibb County
Water & Sewerage
Authority
Jones, Cork & Miller
Attorneys
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Denmark Groover, Jr., who, on oath,
deposes and says that he is Representative from the 99th District, and
that the attached copy of Notice of Intention to Introduce Local
GEORGIA LAWS 1983 SESSION
3513
Legislation was published in the Macon News which is the official
organ of Bibb County, on the following dates: December 23, 30,1982
and January 6,1983.
/s/ Denmark Groover, Jr.
Representative,
99th District
Sworn to and subscribed before me,
this 20th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 24,1983.
CITY OF COMMERCE ADMINISTRATIVE
DEPARTMENTS.
No. 10 (House Bill No. 352).
AN ACT
To amend an Act incorporating the City of Commerce, approved
August 17,1909 (Ga. L. 1909, p. 655), as amended, so as to provide for
the administration of departments, offices, and agencies; to provide
for a city manager; to provide for the powers, duties, responsibilities,
and employment of the city manager; to provide for the city attorney;
to provide for administrative offices; to provide for personnel admin-
istration; to provide for certain powers of the mayor and council; to
repeal conflicting laws; and for other purposes.
3514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Commerce, approved
August 17, 1909 (Ga. L. 1909, p. 655), as amended, is amended by
adding between Section 3 and Section 4 thereof the following:
Section 3.10. Administrative departments; creation. The
mayor and council by ordinance shall establish such city depart-
ments, offices, or agencies in addition to those created by this charter
as they shall deem necessary to administer the affairs and govern-
ment of the city. They shall prescribe the functions and duties of any
such departments, offices, and agencies created, except that no
function assigned by this charter to a particular department, office, or
agency may be discontinued or, unless this charter specifically so
provides, assigned to any other. In ensuring the orderly administra-
tion of government under the council-manager plan, the mayor and
council shall not interfere with the authority granted to a city
manager as provided in this charter. For informational purposes, the
mayor and council may at any time inquire as to departmental
activities with department heads, officers, and employees; however,
any member or members comprising the mayor and council shall not
instruct any officer, department head, or employee as to the discharge
of his duties except as the governing body in delegating instructions
to the city manager as provided in this charter.
Section 3.11. Consolidation, transfer, and merger of depart-
ments and functions. Except as otherwise provided by Section 3.10 of
this charter, the mayor and council may by ordinance abolish, merge,
or consolidate offices, positions of employment, departments, and
agencies of the city; may provide that the same person shall fill any
number of offices and positions of employment; and may transfer or
change the functions and duties of offices, positions of employment,
departments, and agencies of the city.
Section 3.20. Appointment; compensation. The mayor and
council shall appoint, for a term as arranged by an employment
contract, an officer whose title shall be city manager and who shall be
the head of the administrative branch of the city government. The
city manager shall be chosen by the mayor and council on the basis of
qualifications for the position as such with special reference to actual
experience in and knowledge of the duties of the office as hereinafter
prescribed. The city manager shall serve at the pleasure of the mayor
and council and according to the terms of an employment agreement
GEORGIA LAWS 1983 SESSION
3515
between the mayor and council and the city manager. The city
manager shall receive such salary as the mayor and council may fix.
Section 3.21. Acting city manager. By letter filed with the city
clerk, the city manager shall designate, subject to approval of the
mayor and council, a qualified city administrative officer to execute
the powers and perform the duties of the city manager during the
managers temporary absence or disability.
Section 3.22. Chief administrator. The city manager shall be
responsible to the mayor and council for the proper administration of
all affairs of the city. As chief administrator, the city manager shall
have the power to appoint and remove all officers, department heads,
and employees in the administrative service of the city; and these
officers, department heads, and employees shall be administratively
responsible to the city manager, except the city attorney who shall be
appointed by the mayor and council. The city manager shall report
every appointment and removal of a department head to the mayor
and council at the council meeting next following the appointment or
removal. It shall be the duty of the city manager to supervise the
administration of the affairs of the city; to see that the ordinances,
resolutions, and regulations of the mayor and council and the laws of
the state are faithfully executed and enforced; to make such recom-
mendations to the mayor and council concerning the affairs of the city
as he shall deem expedient; to keep the mayor and council advised of
the financial condition and future financial needs of the city; to
attend all meetings of the mayor and council; and to prepare and to
submit to the mayor and council such reports as may be deemed
expedient or as may be required by the mayor and council. The city
manager shall perform such other functions as assigned by the mayor
and council; provided, however, remuneration shall not exceed the
amount of salary fixed in Section 3.20.
Section 3.30. Appointment; qualifications; term; compensation.
The mayor and council shall appoint a city attorney who shall be a
member of the State Bar of Georgia and shall have actively practiced
law for at least one year. The city attorney shall serve at the pleasure
of the mayor and council and shall receive such compensation as they
shall determine.
Section 3.31. Duties of the city attorney. It shall be the duty of
the city attorney to serve as legal advisor to the mayor and council,
city manager, and other city officials with respect to the affairs of the
3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city; to draw proposed ordinances when requested to do so; to inspect
and determine the legality and form of all agreements, contracts,
franchises, and other instruments with which the city may be con-
cerned; to attend meetings of the mayor and council; and to perform
such other duties as may be required by virtue of the position of city
attorney.
Section 3.40. City clerk. The city manager shall appoint an
officer who shall perform the duties of the city clerk and who shall
keep a journal of the proceedings of the mayor and council, maintain a
safe place for 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 city manager may direct, including but not limited to the office
of city treasurer.
Section 3.50. Position classification and pay plans. The city
manager shall be responsible for the preparation of a position classifi-
cation and pay plan which shall be submitted to the mayor and
council for approval. Said plans may apply to all employees of the
City of Commerce and to any of its agencies and offices. When a pay
plan has been adopted, the mayor and council shall not increase or
decrease the salaries of individual employees except by amendment
of said pay plan.
Section 3.51. Personnel policies. The mayor and council may
adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary
periods of employment;
(2) The administration of the position classification and
pay plan;
(3) Hours of work, vacation, sick leave and other leave of
absence, overtime pay, retirement, and the manner in which layoff
shall be effected; and
(4) Such other personnel policies as may be necessary to
provide for adequate and systematic handling of the personnel
affairs of the City of Commerce.
Section 2. Said Act is amended by striking Section 27 in its
entirety and inserting in lieu thereof a new Section 27 to read as
follows:
GEORGIA LAWS 1983 SESSION
3517
Section 27. Be it further enacted by the authority aforesaid and
it is enacted by the authority of the same that the mayor and council
of the City of Commerce shall elect a city manager, a city attorney,
and such other appointees to agencies, boards, and authorities as may
be required or as the mayor and council may deem necessary to
properly carry on the government of said city. All said officers shall
serve at the pleasure of the mayor and council or as may be provided
by contractual agreement. The mayor and council shall serve for
terms of two years and until their successors are duly elected and
qualified, unless said officers shall be sooner removed for cause. The
mayor and council shall have power to fix the salaries of said officers
and shall also take the bonds and prescribe the duties and administer
the oaths of such officers. On proper cause shown, mayor and council
shall remove any or all said officers from office for a breach of their
official duties or neglect or incapacity to discharge said duties.
Section 3. Said Act is amended by striking Section 27A in its
entirety and inserting in lieu thereof a new Section 27A to read as
follows:
Section 27A. In addition to those requirements otherwise pro-
vided by law or ordinance as qualifications for persons who are
considered for appointment by the mayor and council of the City of
Commerce to governmental committees or advisory groups, no person
shall be appointed by the said mayor and council to serve on any
board, committee, advisory body, or governmental body unless the
person is a qualified elector of the city at the time of such appoint-
ment or unless the person is appointed as city manager and is in the
process of becoming an elector. Should any such appointee cease to
be a qualified elector of the city, the term of the appointment shall
cease and a vacancy shall be created thereby.
Section 4. Said Act is amended by striking in their entirety
Section 11, Section 20, Section 47, Section 99, and Section 100, which
read as follows, respectively:
Sec. 11. Be it enacted by the authority aforesaid, and it is
hereby enacted by the same, That mayor, mayor pro tern, and each
member of the city council of said city of Commerce, shall be clothed
with all the authority and power of a justice of the peace, so far as to
enable any one of them to issue warrants for offenses committed
within the corporate limits of the city of Commerce, to suppress riots
or breaches of the peace and to arrest, confine, commit or bind over
3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
offenders against the laws of this State, to answer for such offenses
before the proper tribunal.
Sec. 20. Be it enacted by the authority aforesaid, and it is hereby
enacted by the same, That one council can not by ordinance bind
itself or its successors so as to prevent free legislation in matters of
municipal government.
Sec. 47. Be it enacted by the authority aforesaid, and it is hereby
enacted by the same, That the mayor and council preceding their
appointment shall fix the compensation of the manager of the elec-
tion of said city, as well as designate the place where the same is to be
held.
Sec. 99. Be it further enacted by the authority aforesaid, and it is
hereby enacted by the same, That immediately after the passage of
this Act, the mayor and council of the city of Commerce shall have the
right to elect a building inspector for the said city, whose term of
office shall expire on the first regular meeting of the mayor and
council of said city of Commerce in January, 1910. It shall also be the
duty of the mayor and council to elect a building inspector annually at
the first regular meeting of said mayor and council in January, whose
terms of office shall be for one year after his election, and until his
successor has been elected by the mayor and council at the first
annual meeting in January of each year thereafter.
Sec. 100. Be it further enacted by the authority aforesaid, and it
is hereby enacted by the same, That it shall be the duty of said
inspector to examine all the buildings occupied as residences, stores,
factories, shops, stables, banks, offices, school buildings, churches,
public halls, etc., and all other buildings in said city at least once each
year and to make a written report to said mayor and council as to the
condition in which said buildings were found so far as the owners
having complied with the fire ordinances and regulations of the city of
Commerce. In the event the building inspector finds that the owners
of any such buildings have not complied with the requirements of this
Act, or have failed to comply with the ordinances of the mayor and
council of the said city of Commerce, passed for proper fire protec-
tion, then and in that case, it shall be the duty of the building
inspector to personally notify the owner or owners of such buildings,
provided such owners reside within the incorporate limits of said city,
or in case the owner or owners do not reside in said limits, to notify
them by writing, to provide needful alterations or additions to said
buildings.
GEORGIA LAWS 1983 SESSION
3519
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
This is to serve notice of intention to introduce local legislation in
the 1983 Georgia General Assembly affecting the City of Commerce.
Lauren W. McDonald, Jr.
Representative
Affidavit of Publication.
I, Herman Buffington, Publisher of The Jackson Herald, do
hereby certify that the copy of the Notice of Intent to Introduce Local
Legislation appeared in The Jackson Herald, Jefferson, Georgia on
December 22, and 29,1982 and January 5,1983.
This 17 day of January, 1983.
/s/ Herman Buffington
Publisher
Subscribed and sworn to before me,
this 17 day of January, 1983.
/s/ Claire W. Collier
Notary Public.
My Commission Expires Sept. 23, 1985.
3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intent to Introduce Local Legislation.
This is to serve notice of intention to introduce local legislation in
the 1983 Georgia General Assembly affecting the City of Commerce.
Lauren W. McDonald, Jr.
Representative
Georgia, Jackson County.
Charles L. Hardy, Jr., after being duly sworn, says that he is
publisher of The Commerce News and that a notice of intent to
introduce local legislation (copy of which is attached) was published
in the Wednesday edition on December 22, December 29, and Janu-
ary 5.
/s/ Charles L. Hardy, Jr.
Sworn to and subscribed before me,
this 17th day of January, 1983.
/s/ Wilda Harvil
Notary Public.
My Commission Expires 2-23-83.
(Seal).
Approved February 25, 1983.
GEORGIA LAWS 1983 SESSION
3521
FORSYTH COUNTY APPOINTMENT OF SCHOOL
SUPERINTENDENT, REFERENDUM.
No. 11 (House Bill No. 257).
AN ACT
To provide that the Forsyth County superintendent of schools
shall be appointed by and serve at the pleasure of or under contract
with the board of education rather than elected; to provide for the
approval or disapproval of this Act at a referendum; 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 Forsyth County superintendent of schools serv-
ing at the time this section becomes effective shall continue to serve
out the term of office to which he was elected. At the expiration of his
term of office, his successor and future successors shall be appointed
by the Board of Education of Forsyth County. After the expiration of
the term of the Forsyth County School Superintendent in office on
the effective date of this section, future superintendents shall serve at
the pleasure of the board of education, but the board may enter into a
contract of employment with a superintendent for a fixed term.
Section 2. Not less than 5 nor more than 30 days after the first
date upon which the enforcement of Section 1 of this Act is not
prohibited by the federal Voting Rights Act of 1965, the election
superintendent of Forsyth County shall issue the call for an election
for the purpose of submitting this Act to the electors of the Forsyth
County school district for approval or rejection. The election superin-
tendent 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
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 Forsyth County.
The ballot shall have written or printed thereon the words:
3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
( ) YES Shall the Act providing that the For-
( ) NO syth County superintendent of
schools shall be appointed by and
serve at the pleasure of or under con-
tract with the 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, Section 1 of this Act shall immediately
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 Forsyth 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 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 1983
session of the General Assembly of Georgia, a bill to provide for the
appointment of the school superintendant of Forsyth County by the
County board of education and for other matters relative thereto; to
provide for a referendum and for other purposes.
This 20th day of December, 1982.
GEORGIA LAWS 1983 SESSION
3523
Bill H. Barnett
Representative,
District 10
J. Nathan Deal
Senator,
District 49
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill H. Barnett, who, on oath, deposes
and says that he is Representative from the 10th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Forsyth County News which is the official organ
of Forsyth County, on the following dates: December 22,29,1982, and
January 5,1983.
/s/ Bill H. Barnett
Representative,
10th District
Sworn to and subscribed before me,
this 18th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2, 1983.
3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PICKENS COUNTY SMALL CLAIMS COURT
ESTABLISHED.
No. 13 (House Bill No. 84).
AN ACT
To create and establish a Small Claims Court of Pickens County;
to prescribe the jurisdiction of said court; to prescribe the pleading
and practice in said court; to provide for the appointment, duties,
powers, compensation, qualifications, substitutions, and tenure of the
office of the judge of said court; to provide for vacancies; to provide
for qualifications of officers of said court; to provide for clerks of and
for said court and for their duties and compensation; to provide for
one or more bailiffs of and for said court and for their duties, oath,
bond, removal, and compensation; to provide for the service of
summons of said court; to provide for liens; to provide for appeals; to
provide for offices, courtrooms and materials; to provide for the
procedure and practice in garnishments; to provide for the procedure
and practice in issuing of executions; to provide for the filing of
claims and pleas of illegality; to provide the costs of court; to provide
for contempt of said court and the penalty therefor; to provide for
validating the acts of said court and the proceedings therein; to
provide for severability; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small
Claims Court of Pickens County. Said court shall have civil jurisdic-
tion in cases ex contractu in which the demand or value of the
property involved does not exceed $2,500.00, said jurisdiction to be
concurrent with the jurisdiction of any other court or courts now or
hereafter established in said county. Said jurisdiction shall include
the power to issue writs of garnishment and attachment and, in
addition to the powers herein specifically granted, all the powers
granted to justices of the peace by the laws of the State of Georgia.
Section 2. (a) In order to serve as judge of the small claims court
created by this Act, a person must be a resident of Pickens County, be
at least 22 years of age, have a high school diploma or its recognized
equivalent, and must be a person of outstanding character and
integrity.
GEORGIA LAWS 1983 SESSION
3525
(b) The judge of said court shall meet the certification training
requirements of justices of the peace in Georgia as now provided in
The Georgia Justice Courts Training Council Act, Article 5 of
Chapter 10 of Title 15 of the Official Code of Georgia Annotated, as
now or hereafter amended.
(c) All other officers, now or hereafter provided, appointed to or
employed by said court must be at least 21 years of age, and must be
residents of the county.
Section 3. Whenever the judge of the small claims court shall be
disqualified or unable, from absence, sickness, or other cause, to
discharge any duty whatever appertaining to his office, any judge of
the Superior Court of Pickens County or any judge of a state court
located in said county, on application of said judge of the small claims
court who is unable to act, may perform such duties, and hear and
determine all such matters as may be submitted to him, and may be
substituted in all respects in the place and stead, and in the matter
aforesaid, of the judge unable to act.
Section 4. Any duties herein prescribed to be performed by the
clerk may be performed by the judge, although the judge may
appoint, with the consent of the chief judge of the superior court, the
clerk of the superior court to assume the duties of small claims court
clerk.
Section 5. Compensation for the judge of small claims court
shall be as provided in the Courts of Limited Jurisdiction Compen-
sation Act of 1982, Chapter 22 of Title 15 of the Official Code of
Georgia Annotated, as now or hereafter amended.
Section 6. (a) Actions shall be commenced by the filing of a
statement of claim, including the last known address of the defend-
ant, in concise form and free from technicalities. The plaintiff or his
agent shall verify the statement of claim by oath or affirmation in the
form herein provided, or its equivalent, and shall affix his signature
thereto. At the request of any individual, the judge or clerk may
prepare the statement of claim and other papers required to be filed
in an action.
(b) A copy of the verified statement of claim, together with a
notice of hearing in the form hereinafter prescribed, shall be served
3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on the defendant; and such service shall be sufficient to give the court
jurisdiction in the premises. Service of said notice shall be made only
within the county. Said service shall be made by any official or person
authorized by law to serve process in the superior court, by a duly
qualified bailiff of the small claims court, or by any person not a party
to, or otherwise interested in, the action who is specially appointed by
the judge of said court for that purpose.
(c) When served by a private individual, as provided above, such
individual shall make proof of service by affidavit, showing the time
and place of such service on the defendant.
(d) When served as provided, the actual cost of service shall be
taxable as costs but shall not exceed $7.50. The cost of service shall be
advanced by the party demanding same, in addition to the filing fee
hereinafter provided, and shall be taxed as other costs.
(e) Upon the failure of the defendant to appear, the plaintiff
shall be entitled to judgment by default, without further proof, when
the claim of the plaintiff is for a liquidated amount.
(f) Said notice shall include the date, hour, and location of the
hearing, which date shall be not less than ten nor more than 30 days
from the date of the service of said notice.
Section 7. A docket shall be maintained in which every proceed-
ing and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit
the sum of $25.00 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 $25.00. 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
GEORGIA LAWS 1983 SESSION
3527
the issues raised by such claim affidavit shall be heard and deter-
mined by the judge of said small claims court. The judge shall be
entitled to a fee of $10.00 for every such claim case. The same rules of
practice and procedure shall apply as in cases of affidavits of illegal-
ity. All attachment proceedings shall be tried by the judge and
without a jury.
(c) In all matters performed by the judge under the powers
granted to justices of the peace in Georgia and not specifically
provided for herein, the costs shall be the same as now or hereafter
provided by the laws of Georgia for justices of the peace.
Section 9. (a) The trial shall be conducted on the day set for a
hearing or at such later time as the judge may set. Immediately prior
to the trial of any case, the judge shall make an earnest effort to settle
the controversy by conciliation. If the judge fails to induce the parties
to settle their differences without a trial, he shall proceed with the
hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do
substantial justice between the parties according to the rules of
substantive law. All rules and regulations relating to pleading, prac-
tice, and procedure shall be liberally construed so as to administer
justice.
(c) If the plaintiff fails to appear, the action may be dismissed
for want of prosecution, the defendant may proceed to a trial on the
merits, or the case may be continued as the judge may direct. If both
parties fail to appear, the judge may continue the case, order the same
dismissed for want of prosecution, or make any other just and proper
disposition thereof, as justice may require.
(d) Upon the filing of a demand for jury trial by either party to a
proceeding, the judge shall assess costs accrued to date and order the
case transferred to the Superior Court of Pickens County or to the
State Court of Pickens County.
Section 10. If any defendant has any claim against the plaintiff,
the judge may require a statement of setoff to be filed or same may be
waived. If the plaintiff requires time to prepare his defense against
such claim, the judge may continue the case for such purpose. If any
defendant has any claim against the plaintiff which exceeds the
jurisdiction of the court, he may use a part thereof to offset the claim
of the plaintiff.
3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. When the judgment is to be rendered and the party
against whom it is to be entered requests it, the judge may inquire
fully into the earnings and financial status of such party and shall
have full discretionary power to stay the entry of judgment, to stay
execution, and to order partial payments in such amounts, over such
periods, and upon such terms as shall seem just under the circum-
stances and as will assure a definite and steady reduction of the
judgment until it is finally and completely satisfied.
Section 12. The judge of said small claims court shall not be
obligated to collect such deferred partial payments on judgments so
rendered but, if the plaintiff so requests, he may do so at the expense
of the plaintiff for clerical and accounting costs incurred thereby, not
to exceed 10 percent of each payment.
Section 13. The chief judge of the Superior Court of Pickens
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 ensure the proper administration of justice and to accom-
plish the purposes hereof.
Section 14. The Judge of said small claims court shall have the
power to appoint one or more bailiffs of and for said small claims
court to act within and throughout the limits of the county. Such
bailiffs shall serve at the pleasure of the judge and under his discre-
tion. Any person so appointed shall be known and designated as
small claims court bailiff and shall have the powers and authority
and shall be subject to the penalties of lawful constables of the State
of Georgia, including the power to serve any and all summons and
writs issued from or by said small claims court. Said bailiffs shall also
have the power to make levies, conduct judicial sales, and account
therefor, in the manner of lawful constables. Within five days
following their appointment, all such bailiffs shall take and subscribe
the oath of office prescribed in Code Section 15-17-8 of the O.C.G.A.
and give the bond prescribed in Code Section 15-17-9 of the O.C.G.A.
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.
GEORGIA LAWS 1983 SESSION
3529
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 3 of
Title 5 of the O.C.G.A., as now or hereafter amended, to the superior
court, shall be applicable to appeals from the small claims court to the
superior court, the same to be a de novo appeal. All costs shall be paid
prior to the filing of said appeal.
Section 17. Until otherwise provided by the rules of the court,
the statement of claim, verification, and notice shall be in the
following form, or equivalent form, and shall be in lieu of any forms
now employed and of any form of summons now provided by law:
Small Claims Court of Pickens County
Jasper, Georgia 30143
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement
of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs claim
which is to be filed with the court may be verified by the plaintiff or
his agent as follows:)
3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia
County of Pickens
_______________, being first duly sworn on oath, says the foregoing is a
just and true statement of the amount owing by defendant to plain-
tiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
(or Agent)
Sworn to and subscribed before me
this______day of___________, 19__.
Notary Public
(or Attesting Official)
Notice.
TO:
Defendant
Home Address
or
Business Address
You are hereby notified that______________has made a claim and
is requesting judgment against you in the sum of $____________, as
shown by the foregoing statement. The court will hold a hearing upon
this claim on______________, at___.M., at (address of court).
You are required to be present at the hearing in order to avoid a
judgment by default against you.
GEORGIA LAWS 1983 SESSION
3531
If you have witnesses, books, receipts, or other writings bearing on
this claim, you should bring them with you at the time of hearing.
If you wish to have witnesses summoned, see the court at once for
assistance.
If you admit the claim, but desire additional time to pay, you must
come to the hearing in person and state the circumstances to the
court.
You may come with or without an attorney.
Judge-Clerk of the Small
Claims Court of Pickens County.
(SEAL).
Section 18. On or before the effective date of this Act, the chief
judge of the Superior Court of Pickens County shall appoint a duly
qualified person to serve as the judge of said court for a term of office
of two years and until his successor is duly appointed by the chief
judge of the Superior Court of Pickens County and qualified. All
vacancies in the office of judge shall be filled by appointment of a
successor by the chief judge of the superior court, and such successor
shall serve for the remainder of the unexpired term.
Section 19. All office space, courtroom facilities, utilities, filing
cabinets, typewriters, and equipment required by this Act, or neces-
sary for the efficient operation of said court, shall be furnished by the
governing authority of the county. All forms, books, file jackets,
materials, and supplies shall be furnished by the judge of said court.
The governing authority of the county shall also provide suitable
room in the courthouse for the holding of this court.
Section 20. Said small claims court shall have no designated
terms at stated periods. The judge thereof shall, in each instance, set
dates for all hearings and trials in each type of case. He shall also
designate the time or times for the return of attachments and
executions. A garnishee shall be required to file his answer not sooner
than 30 days and not later than 45 days after he is served with
summons. Whenever a garnishee shall fail or refuse to answer as
3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided above, the judge may render a default judgment as provided
in Code Section 18-4-90 of the O.C.G.A.; 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 $15.00 on, or to imprison for not longer
than 24 hours, any person guilty of contempt of court. Such fines
shall be paid into the county treasury or depository to be used for
county purposes.
Section 23. The fees of the bailiff or sheriff for the execution of a
fi. fa. shall be $7.50, plus a reasonable amount for drayage, to be
determined by the judge of the small claims court. The rate of
commission on all judicial sales shall be 10 percent of the first $250.00
and 5 percent on all sums over that amount, with a minimum of $5.00.
Section 24. In the event any section, subsection, sentence,
clause, or phrase of this Act shall be declared or adjudged invalid or
unconstitutional, such adjudication shall in no manner affect the
other sections, subsections, sentences, clauses, or phrases of this Act,
which shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
hereby declares that it would have passed the remaining parts of this
Act if it had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 25. All laws and parts of laws in conflict with this Act
are repealed.
GEORGIA LAWS 1983 SESSION
3533
Notice of Intent to Ask Local Legislation.
Notice is herein given as required by the Constitution of Georgia,
1976, Art. Ill, Section VII, Paragraph IX, of the intention to intro-
duce a bill at the 1983 General Assembly creating a Small Claims
Court in Pickens County.
By: Elizabeth R. Glazebrook
County Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty, Sr. who, on oath,
deposes and says that he is Representative from the 8th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in Pickens County Progress which is the
official organ of Pickens County, on the following dates: December 2,
9, and 16,1982.
/s/ W. G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 11th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2, 1983.
3534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF JASPER NEW CHARTER.
Ga. Laws 1953, p. 206 Repealed.
No. 14 (House Bill No. 333).
AN ACT
To provide a new charter for the City of Jasper in the County of
Pickens; to provide for the incorporation and powers of said city; to
provide for the governing body of said city; to provide for the
executive branch; to provide for the judicial branch; to provide for
elections; to provide for the financial and fiscal affairs of said city; to
provide for municipal services and regulatory functions; to provide
for general provisions; to provide for other matters relative to the
foregoing; to provide for penalties; to repeal a specific Act; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I
CHARTER, CITY LIMITS, AND CORPORATE POWERS
Section 1.10. Incorporation. This Act shall constitute the
whole charter of the City of Jasper repealing and replacing the charter
provided by an Act of the General Assembly, approved December 22,
1953 (Ga. L. 1953, p. 206), as amended. The City of Jasper, Georgia,
in the County of Pickens, and the inhabitants thereof are constituted
and declared a body politic and corporate under the same name and
style of Jasper, Georgia, and by that name shall have perpetual
succession, may sue and be sued, may plead and be impleaded in all
courts and in all actions whatsoever, and may have and use a common
seal and change it at pleasure.
Sectionl.il. Corporate boundaries, (a) The boundaries
of the City of Jasper 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 corporate bound-
aries of the City of Jasper as set forth in the Act approved December
22,1953 (Ga. L. 1953, p. 206), as amended, are incorporated into and
made a part of this charter, notwithstanding the repeal of said 1953
GEORGIA LAWS 1983 SESSION
3535
Act, as amended, by Section 7.17. The current boundaries of the City
of Jasper, at all times, shall be shown on a map to be retained
permanently in the city hall. Alterations in these boundaries shall be
indicated by appropriate entries upon or additions to such map. Such
entries or additions shall be made by and under the direction of the
mayor. Copies of such map certified by the mayor shall be admitted
in evidence in all courts and shall have the same force and effect as
the original map.
(b) The city council may provide for the redrawing of any such
map. A redrawn map shall supersede for all purposes the earlier map
or maps which it is designated to replace.
Section 1.12. Specific powers. In conformity with and
subject to the requirements of the general laws of this State, the
corporate powers of the government of the City of Jasper, to be
exercised by the governing authority, may include the power:
(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 provide for the manner and method of payment of such taxes;
(3) To make appropriations for the support of the govern-
ment of the city; to authorize the expenditure of money for any
purposes authorized by this charter and for any purpose for which
a municipality is authorized by the 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 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,
real, personal, or mixed property in fee simple or lesser interest
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
3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the city and the general welfare of its citizens, on such terms
and conditions as the donor or grantor may impose;
(7) To condemn property inside or outside the corporate
limits of the city for present or future use and for any corporate
purpose deemed necessary by the governing authority under Title
22 of the Official Code of Georgia Annotated, or under other
applicable Acts as are or may be enacted;
(8) To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, gas works, electric
light plants, and transportation; to provide for rates, fees, fares,
assessments, regulations, penalties, and withdrawal of service for
refusal or failure to pay same; and to fix the manner in which such
remedies shall be enforced;
(9) To grant franchises or make contracts for public utilities
and public services not to exceed periods of 35 years; 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 to conflict with such regula-
tions by the Public Service Commission; and to grant franchises
and rights of way throughout the streets and roads and over the
bridges and viaducts for the use of public utilities;
(10) To lay out, open, extend, widen, narrow, establish,
change the grade of, abandon, close, construct, pave, curb, gutter,
adorn with shade trees, improve, maintain, repair, clean, prevent
erosion of, and light roads, alleys, and walkways within the
corporate limits of the city;
(11) To grant franchises and rights of way throughout the
streets and roads and over the bridges and viaducts for the use of
public utilities;
(12) To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and play-
grounds, public buildings, recreational facilities, cemeteries, mar-
kets and market houses, libraries, sewers, drains, sewerage treat-
ment, airports, hospitals and charitable, cultural, educational,
recreational, conservational, athletic, curative, corrective, deten-
tional, penal, and medical institutions, agencies, and facilities and
GEORGIA LAWS 1983 SESSION
3537
any other public improvements inside or outside the corporate
limits of the city; and to regulate the use thereof, and for such
purposes, property may be acquired by condemnation under Title
22 of the Official Code of Georgia Annotated or other applicable
Acts as are or may be enacted;
(13) To require real-estate owners to repair and maintain in
a safe condition the sidewalks adjoining their lots or lands; and to
enact ordinances establishing the terms and conditions under
which such repairs and maintenance shall be effected, including
the penalties to be imposed for failure to do so;
(14) To regulate the erection and construction of buildings
and all other structures; to adopt housing, building, plumbing,
electrical, gas and heating, and air-conditioning codes; to regulate
all housing, building, and building trades; and to license the
construction and erection of buildings and all other structures;
(15) To provide for the prevention and punishment of riots
and public disturbances;
(16) To regulate or prohibit junk dealers, pawn shops; the
manufacture, sale, or transportation of intoxicating liquids and
liquors; the use and sale of firearms; the transportation, storage
and use of combustible, explosive, and inflammable materials; the
use of lighting and heating equipment; and any other business or
situation which may be dangerous to persons or property;
(17) To regulate and control the conduct of peddlers, itiner-
ant trades, theatrical performances, exhibitions, and shows of any
kind whatever by taxation or otherwise;
(18) To license, tax, regulate, or prohibit professional for-
tunetelling or palmistry;
(19) To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs,
fences, buildings, and any and all other structures or obstructions
upon or adjacent to the right of way of streets and roads and
within view thereof, within or abutting the corporate limits of the
city; and to prescribe penalties and punishment for violation of
such ordinances;
3538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(20) To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(21) To regulate the emission of smoke or other exhaust
which pollutes the air and to prevent the pollution of natural
streams which flow within the corporate limits of the city;
(22) To fix and establish fire limits and from time to time to
extend, enlarge, or restrict same; to prescribe fire safety regula-
tions not inconsistent with general law relating to both fire
prevention and detection and to fire fighting; and to prescribe
penalties and punishment for violation thereof;
(23) To provide for the destruction and removal of any
building or other structure which may or might become dangerous
or detrimental to the public;
(24) To provide for the collection and disposal of garbage,
rubbish, and refuse; to regulate the collection and disposal of
garbage, rubbish, and refuse by others; and to provide for the
separate collection of glass, tin, aluminum, cardboard, paper, and
other recyclable materials and the sale of such items;
(25) To levy, fix, assess, and collect a garbage, refuse, and
trash collection and disposal or 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 within the city 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;
(26) To levy a fee, charge, or tax as necessary to ensure the
acquiring, constructing, equipping, maintaining, and extending of
a sewage disposal plant and sewerage system; to levy on the users
of sewers and the sewerage system a sewer service charge, fee, or
tax for the use of the sewers; and to provide for the manner and
method of collecting such service charges and for enforcing pay-
ment of same;
(27) To charge, impose, and collect a sewer connection fee or
fees and to change the same from time to time, such fees to be
imposed on the users connecting with the sewerage system;
GEORGIA LAWS 1983 SESSION
3539
(28) To define, regulate, and prohibit any act, conduct,
practice, or use of property which is detrimental or likely to be
detrimental to the health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city and to provide for the
enforcement of such standards;
(29) To define a nuisance and provide for its abatement
whether on public or private property;
(30) To provide for the preservation and protection of prop-
erty and equipment of the city and the administration and use of
same by the public and to prescribe penalties and punishment for
violations thereof;
(31) To establish minimum standards for and to regulate
building construction and repair, electrical wiring and equipment,
gas installation and equipment, plumbing, and housing for the
health, sanitation, cleanliness, welfare, and safety of inhabitants
of the city and to provide for the enforcement of such standards;
(32) To provide that persons given jail sentences in the
recorders court may work out such sentences in any public works
or on the streets, roads, drains, and squares in the city or to
provide for the commitment of such persons to any county correc-
tional institution or jail by agreement with the appropriate county
officials;
(33) To adopt ordinances and regulations for the prevention
of loitering, disorderly conduct, and disturbing the peace in the
corporate limits of the city; to prohibit the playing of lotteries
therein; and to prohibit or regulate by ordinance such other
conduct and activities within the City of Jasper which, while not
constituting offenses against the laws of this state, nevertheless
are deemed by the governing authority to be detrimental and
offensive to the peace and good order of the city or to the welfare
of the citizens thereof;
(34) To regulate and license or prohibit the keeping or
running at large of animals and fowls; to provide for the impound-
ment of same if in violation of any ordinance or lawful order; to
provide for their disposition by sale, gift, or humane destruction
when not redeemed as provided by ordinance; and to provide
punishment for violation of any ordinance enacted hereunder;
3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(35) To regulate the operation of motor vehicles and to
exercise control over all traffic, including parking, upon or across
the streets, roads, alleys, and walkways of the city;
(36) To regulate and license vehicles operated for hire in the
city; to limit the number of such vehicles; to require the operators
thereof to be licensed; to require public liability insurance on such
vehicles in the amounts to be prescribed by ordinance; and to
regulate and rent parking space in public ways for the use of such
vehicles;
(37) To provide and maintain a system of pensions and
retirement for officers and employees of the city;
(38) To levy and to provide for the collection of special
assessments to cover the cost of any public improvements;
(39) To enter into contracts and agreements with other
governmental entities and with private persons, firms, and corpo-
rations providing for services to be furnished and payments to be
made therefor;
(40) To create, alter, and abolish departments, boards,
offices, commissions, and agencies of the city; and to confer upon
such agencies the necessary and appropriate authority for carry-
ing out all the powers conferred upon or delegated to same;
(41) To make, ordain, and establish such bylaws, ordi-
nances, rules, and regulations as shall appear necessary for the
security, welfare, convenience, and interest of the city and the
inhabitants thereof and for reserving the health, peace, order, and
good government of the city;
(42) To provide penalties for violations of any ordinance
adopted pursuant to the authority of this charter and the laws of
the State of Georgia;
(43) To exercise the power of arrest through duly appointed
policemen; and
(44) (A) To establish procedures for determining and pro-
claiming that an emergency situation exists within or without
the city and to make and carry out all reasonable provisions
GEORGIA LAWS 1983 SESSION
3541
deemed necessary to deal with or meet such an emergency for
the protection, safety, health, or well-being of the citizens of
the city;
(B) In addition to the specific powers enumerated in
subparagraph (A) of this paragraph, the governing authority
of the City of Jasper is authorized to exercise and enjoy all
other powers, functions, rights, privileges, and immunities
necessary or desirable to promote or protect the safety,
health, peace, security, good order, comfort, convenience, or
general welfare of the city and its inhabitants; to exercise all
implied powers necessary to carry into execution all powers
granted in this charter as fully and completely as if such
powers were fully enumerated in this section; and to exercise
all powers now or in the future authorized to be exercised by
other municipal governments under the Constitution and
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 power 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 Jasper 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 the City of
Jasper 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
3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
employees shall be carried into execution as provided by this charter.
If this charter makes no provision, such powers, functions, rights,
privileges, and immunities shall be carried into execution as provided
by ordinance of the governing authority and as provided by pertinent
laws of the State of Georgia.
ARTICLE II
GOVERNING BODY
Section 2.10. Creation. The legislative authority of the
City of Jasper, except as otherwise specifically provided in this
charter, shall be vested in a city council to be composed of a mayor
and five council members. The mayor and council members shall be
elected in the manner provided by Article V of this charter.
Section 2.11. Terms and qualifications of office. The
mayor and council members 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:
(1) He has been a resident of the City of Jasper for a period
of one year immediately prior to the date of the election of mayor
or council member;
(2) He continues to reside within the City of Jasper during
his period of service;
(3) He is registered and qualified to vote in municipal
elections of the City of Jasper; and
(4) He has obtained the age of 21 years and has been a
citizen of the State of Georgia for two years.
Section 2.12. Vacancy; forfeiture of office; filling of
vacancies, (a) The office of mayor or council member shall
become vacant upon the incumbents death, resignation, forfeiture of
office, or removal from office in any manner authorized by this
charter or the laws of the State of Georgia.
(b) The mayor or any council member shall forfeit his office if
he:
GEORGIA LAWS 1983 SESSION
3543
(1) Lacks at any time during his term of office any qualifica-
tions of the office as prescribed by this charter or the laws of the
State of Georgia;
(2) Willfully and knowingly violates any express prohibition
of this charter; or
(3) Is convicted of a crime involving moral turpitude.
(c) A vacancy in the office of mayor or council member 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 council members shall receive compensation for their services in
an amount set by ordinance. The mayor and council members shall
be entitled to receive their actual and necessary expenses incurred in
the performance of their duties.
Section 2.14. Prohibitions. Neither the mayor nor any
council member shall vote upon any question, the outcome of which
might result in financial gain for that council member.
Section 2.15. Inquiries and investigations. The council
may make inquiries and investigation into the affairs of the city and
the conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers by
the council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the coun-
cil. (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 Jasper as provided by Article I.
(b) In addition to all other powers conferred upon it by law, the
council shall have the authority to adopt and provide for the execu-
tion of such ordinances, resolutions, rules, and regulations, not incon-
sistent with this charter or the Constitution and the laws of the State
of Georgia, which it shall deem necessary, expedient, or helpful for
the peace, good order, protection of life and property, health, welfare,
sanitation, comfort, convenience, prosperity, or well-being of the
3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
inhabitants of the City of Jasper and may enforce such ordinance by
imposing penalties for violation thereof.
(c) The council, by ordinance, may change, create, alter, abolish,
or consolidate offices, agencies, and departments of the city and may
assign additional functions to any of the offices, agencies, and depart-
ments expressly provided for by this charter.
Section 2.17. Chief executive officer. The mayor shall be
the chief executive of the City of Jasper. He shall possess, have, and
exercise all of the executive and administrative powers granted to the
city under the Constitution and laws of the State of Georgia and all
the executive and administrative powers granted to him in this
charter.
Section 2.18. Duties of mayor. As the chief executive
officer of the City of Jasper, the mayor shall:
(1) Preside at all meetings of the city council;
(2) Be the official head of the city for the service of process
and for ceremonial purposes;
(3) Have power to administer oaths and to take affidavits;
(4) Sign all written contracts entered into by the council on
behalf of the city and all other contracts and instruments executed
by the city and all other contracts and instruments executed by
the city which by law are required to be in writing;
(5) See that all laws and ordinances of the city are faithfully
executed;
(6) Exercise supervision over all executive and administra-
tive work of the city and provide for the coordination of adminis-
trative activities;
(7) Recommend to the council such measures relative to the
affairs of the city, improvement of the government, and promotion
of the welfare of its inhabitants as he may deem expedient;
(8) Call special meetings of the council as provided for in
Section 2.21 of this charter;
GEORGIA LAWS 1983 SESSION
3545
(9) Examine and audit all accounts of the city before pay-
ment;
(10) Require any department or agency of the city to submit
written reports in connection with the affairs thereof whenever he
deems it expedient;
(11) Suspend any appointed city employee or officer for
cause, said suspension to be in effect until the next meeting of the
council wherein the question of the employees or officers capabil-
ity shall be decided by the council;
(12) Prepare and submit to the city council a recommended
annual operating budget and recommended capital budget; and
(13) Perform other duties as may be required by law, this
charter, or ordinance.
Section 2.19. Mayor pro tem. During the absence or disa-
bility of the mayor for any cause, the mayor pro tem or, in his absence
or disability for any cause, one of the council members chosen by the
council shall be clothed with all the rights and privileges of the mayor
and shall perform the duties of the office of mayor so long as such
absence or disability shall continue.
Section 2.20. Organization meeting, (a) The council
shall meet for organization on the first Monday of the month follow-
ing the city elections. The meeting shall be called to order by the city
clerk and the oath of office shall be administered to the newly elected
members by the mayor, or mayor pro tem, or anyone authorized to
administer oaths, as follows:
I do solemnly swear that I will well and truly perform the duties
of mayor (or council member, as the case may be) of the City of Jasper
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 new 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 two years
and until his successor is elected and qualified.
3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.21. Regular and special meetings, (a) The
council shall hold regular meetings at such times and places as
prescribed by ordinance. The council may recess any regular meeting
and continue such 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, in his absence, the mayor pro tem. Notice of such special
meeting shall be served on all other members personally, or by
telephone personally, or shall be left at their residences at least 24
hours in advance of the meeting. Such notice shall not be required if
the mayor and all council members are present when the special
meeting is called. Notice of any special meeting may be waived in
writing before or after such meeting and attendance at the special
meeting shall also constitute waiver of notice. Only the business
stated in the call may be transacted at the special meeting except by
unanimous consent of all members present. With such consent any
business which may be transacted in a regular meeting may be
conducted at the special meeting.
(c) All meetings of the council shall be public.
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 journal shall be a public record.
Section 2.23. Quorum, voting. The mayor or mayor pro
tem and three council members shall constitute a quorum and shall
be authorized to transact business of the council. Voting on the
adoption of ordinances shall be taken by voice vote and the ayes and
nays shall be recorded in the journal, but any member of the council
shall have the right to request a roll-call vote. The affirmative vote of
a majority shall be required for the adoption of any ordinance,
resolution, or motion except as otherwise provided in this charter.
The mayor shall be prohibited from voting upon any question except
in the case of a tie vote of the council members.
Section 2.24. Action requiring an ordinance, (a) Except as
herein provided, every official action of the council which is to become
law shall be by ordinance. Each proposed ordinance or resolution
shall be introduced in writing and in the form required for final
GEORGIA LAWS 1983 SESSION
3547
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
Jasper hereby ordains....
(b) An ordinance may be introduced by any member of the
council and shall be read twice at two separate meetings before being
accepted or rejected by the council.
Section 2.25. Emergency ordinances. To meet a public
emergency affecting life, health, property, or public peace, the council
may adopt one or more emergency 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 ordi-
nance shall be introduced in the form and manner prescribed for
ordinances generally except that it shall be plainly designated as an
emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists and describing the
emergency in clear and specific terms. An emergency ordinance may
be adopted with or without amendment or rejected at the meeting at
which it is introduced, but the affirmative vote of at least three
council members shall be required for adoption. It shall become
effective upon adoption or at such later time as it may specify. Every
emergency ordinance shall automatically stand repealed 60 days
following the date upon which it was adopted, but this shall not
prevent reenactment of the ordinance in the manner specified in this
section if the emergency still exists. An emergency ordinance may
also be repealed by adoption of a repealing ordinance in the same
manner specified in this section for adoption of emergency ordi-
nances.
Section 2.26. Codes of technical regulations. The coun-
cil may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordi-
nances generally except that a copy of each adopted code of technical
regulations, as well as the adopting ordinance, shall be authenticated
and recorded by the clerk pursuant to Section 2.27.
Section 2.27. Signing, authenticating, recording, codi-
fying, printing, (a) The clerk shall authenticate by his signature
and record in full in a properly indexed book kept for that purpose all
ordinances adopted by the council. Every ordinance shall be signed
by the mayor as a matter of course after adoption.
3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The council may provide for the preparation of a general
codification of all of the ordinances of the city. The general codifica-
tion shall be published promptly, together with all amendments
thereto, with this charter and any amendment thereto, and such
codes of technical regulations and other rules and regulations as the
city council may specify. This compilation shall be known and cited
officially as The Code of the City of Jasper, Georgia. Copies of the
code shall be available to all officers, departments, and agencies of the
city and shall be made available for purchase by the public at a
reasonable price as fixed by the council.
(c) The council shall cause each ordinance and each amendment
of this charter to be printed promptly following its adoption. Follow-
ing publication of the first Code of the City of Jasper 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
EXECUTIVE BRANCH
Section 3.10. Administrative and service depart-
ment. (a) The council by ordinance may establish, abolish, merge,
or consolidate offices, positions of employment, departments, and
agencies of the city as it shall deem necessary for the proper adminis-
tration of the affairs and government of the city. The council shall
prescribe the functions and duties of existing departments, offices,
and agencies or of any departments, offices, and agencies hereinafter
created or established. The council may provide that the same person
shall fill any number of offices and positions of employment and may
transfer or change the functions or duties of offices, positions of
employment, departments, and agencies of the city.
(b) The operations and responsibilities of each department now
or hereafter established in the city shall be distributed among such
divisions or bureaus as may be provided by ordinance. Each depart-
ment shall consist of such offices, employees, and positions as may be
GEORGIA LAWS 1983 SESSION
3549
provided by this charter or by ordinance and shall be subject to the
general supervision and guidance of the council.
(c) Except as otherwise provided by this charter, the directors of
departments and other appointed officers of the city shall serve at the
pleasure of the appointing authority. Vacancies occurring in an
appointive office shall be filled in the same manner as prescribed by
this charter for original appointment.
(d) Except as otherwise provided by law, the directors of depart-
ments and other appointed officers of the city shall be appointed
solely on the basis of their respective administrative and professional
qualifications.
(e) All appointed officers and directors of departments shall
receive such compensation as prescribed by ordinance.
Section 3.11. Boards, commissions, and authori-
ties. (a) The city council shall create by ordinance such boards,
commissions, and authorities to fulfill any investigative, quasi-judi-
cial, or quasi-legislative function the city council deems necessary and
by ordinance shall establish the composition, period of existence,
duties, and powers thereof.
(b) No member of any board, commission, or authority shall
hold any elective office in the city.
(c) Any vacancy in office of any member of a board, commission,
or authority of the city shall be filled for the unexpired term in the
manner prescribed herein for original appointment except as other-
wise provided by this charter or any applicable state law.
(d) No member of any board, commission, or authority shall
assume office until he shall have executed and filed with the city clerk
an oath obligating himself to perform faithfully and impartially the
duties of his office, such oath to be prescribed by ordinance and
administered by the mayor.
(e) Any member of a board, commission, or authority may be
removed from office for cause by a vote of three members of the
council.
3550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) Members of boards, commissions, or authorities may receive
such compensation and expenses in the performance of their official
duties as prescribed by ordinance.
(g) The qualifications required of members of boards, commis-
sions, or authorities shall be as prescribed by the council.
(h) Except as otherwise provided by this charter or by applicable
state law, each board, commission, or authority of the city govern-
ment shall elect one of its members as chairman and one of its
members as vice-chairman for terms of one year. Each board,
commission, or authority may elect one of its members as secretary or
may appoint an employee of the city as secretary. Each board,
commission, or authority of the city government may establish such
bylaws, rules, and regulations, not inconsistent with this charter,
ordinances of the city, or applicable state law, as it deems appropriate
and necessary for the conduct of its affairs, copies of which shall be
filed with the city clerk.
Section 3.12. City manager. The council may appoint a
city manager. The duties and authority of the city manager shall be
established by ordinance and, in so doing, the council may specifically
delegate to tbe city manager any of the administrative or budgetary
duties of the mayor.
Section 3.13. City attorney. The council shall appoint a
city attorney together with such assistant city attorneys as may be
authorized by ordinance and shall provide for the payment of such
attorney or attorneys for services rendered to the city. The city
attorney shall be responsible for representing and defending the city
in all litigation in which the city is a party; may be the prosecuting
officer in the recorders court; shall attend the meetings of the council
as directed; shall advise the council, mayor, and other officers and
employees of the city concerning legal aspects of the citys affairs; and
shall perform such other duties as may be required of him by virtue of
his position as city attorney.
Section 3.14. City clerk. The council may appoint a city
clerk to keep a journal of the proceedings of the city council, to
maintain in a safe place all records and documents pertaining to the
affairs of the city, and to perform such other duties as may be
required by law or as the council may direct.
GEORGIA LAWS 1983 SESSION
3551
Section 3.15. City tax collector. The council may appoint
a collector to collect all taxes, licenses, fees, and other money belong-
ing to the city, subject to the provisions of this charter and the
ordinances of the city. The city tax collector shall diligently comply
with and enforce all general laws of this state relating to the collec-
tion, sale, or foreclosure of taxes by municipalities.
Section 3.16. City accountant. The council may appoint a
city accountant to perform the duties of an accountant.
Section 3.17. Consolidation of functions. The council
may consolidate any two or more of the positions of city clerk, city tax
collector, and city accountant, or any other positions, or may assign
the functions of any one or more of such positions to the holder or
holders of any other positions.
Section 3.18. Position classification; pay plan. The
council may prepare a position classification and pay plan. Said plans
may apply to all the employees of the City of Jasper and to any of its
agencies and departments. When a pay plan has been adopted, the
council shall not increase or decrease the salaries of individual
employees except by amendment of said pay plan.
Section 3.19. Personnel policies. The council may 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; and
(4) Such other personnel policies as may be necessary to
provide for adequate and systematic handling of the personnel
affairs of the City of Jasper.
3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE IV
JUDICIAL BRANCH
Section 4.10. Recorders court; creation. There is estab-
lished a court to be known as the Recorders Court of the City of
Jasper 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; to punish
any person who may counsel or advise, aid, encourage, or persuade
another whose testimony is desired or material in any proceeding
before said court to go or move beyond the reach of the process of the
court; to try all offenses within the territorial limits of 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 pre-
sided over by the recorder of said court.
Section 4.11. Recorder. No person shall be qualified or
eligible to serve as recorder unless he shall have attained the age of 21
years. The recorder shall serve at the direction of the council. The
compensation of the recorder shall be fixed by the council.
Section 4.12. Convening. The recorders court shall be con-
vened 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 recorders
court shall try and punish for crimes against the City of Jasper and for
violations of its ordinances. The recorders court shall have the
authority to punish those in its presence for contempt, provided that
such punishment shall not exceed $150.00 or five days in jail, or both.
The recorders 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 to fine or imprisonment may
sentence any offender upon conviction to labor on the streets, side-
walks, squares, or other public works.
(b) The recorders court shall have the authority to establish a
schedule of fees to defray the cost of operation and shall be entitled to
GEORGIA LAWS 1983 SESSION
3553
reimbursement of the cost of meals, transportation, and caretaking of
prisoners bound over to superior courts for violations of state law.
(c) The recorders court shall have the 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, personal property, or real property as surety for appear-
ance of persons charged with violations. Whenever any person shall
give bail for his appearance and shall fail to appear at the time fixed
for trial, his bond shall be forfeited by the recorder presiding at such
time and an execution shall be issued thereon by serving the defend-
ant and his sureties with a rule nisi at least two days before a hearing
on the rule nisi. In the event that cash or property is accepted in lieu
of bond for security for the appearance of a defendant at trial and the
defendant fails to appear at the time and place fixed for trial, the cash
so deposited, on order of the recorder, shall be forfeited to the City of
Jasper or the property so deposited shall have a lien against it for
value forfeited, which lien shall be enforceable in the same manner
and to the same extent as a lien for city property taxes.
(d) The recorders court shall have the authority to bind prison-
ers over to the appropriate court when it appears by probable cause
that a state law has been violated.
(e) The recorders court shall have the authority to administer
oaths and to perform all other acts necessary or proper to the conduct
of said court.
(f) The recorders court may compel the presence of all parties
necessary to a proper disposal of each case by the issuance of
summons, subpoenas, and warrants which may be served and exe-
cuted by any officer as authorized by this charter or by state law.
(g) The recorders court is specifically vested with all of the
jurisdiction and powers throughout the entire area of the City of
Jasper granted by state laws generally to mayors, recorders and
police courts and particularly by such laws as authorize the abate-
ment of nuisances.
Section 4.14. Appeal. The right of appeal and any bond as
may be required to secure the costs on appeal to the Superior Court of
Pickens County from the recorders court shall lie in the same manner
and under the same procedure as generally prescribed for appeals and
3554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appeal bonds from the probate court; provided, however, that any
person who fails to file his appeal within ten days of the date of his
conviction shall be deemed to have waived any such right. An appeal
to the superior court shall have waived any such right. An appeal to
the superior court shall be a de novo proceeding.
ARTICLE V
ELECTIONS
Section 5.10. Regular elections, (a) The regular munic-
ipal elections for the City of Jasper shall be held on the first Saturday
in December in each odd-numbered year. A mayor and three council
members shall be elected at the election held in 1983 and every four
years thereafter and two council members shall be elected at the
elections held in 1985 and every four years thereafter.
(b) An election for a one-year term shall be held in December,
1984 to fill the two council positions of the council members whose
terms expire in January, 1985.
Section 5.11. Qualifying; voting procedures. The coun-
cil, by ordinance, may prescribe rules and regulations governing
qualifying fees, nomination of candidates, absentee ballots, write-in
votes, challenge of votes, and such other rules and regulations as may
be necessary for the conduct of the elections in the City of Jasper.
Section 5.12. Applicability of general laws. The proce-
dure and requirements for election of all elected officials for the City
of Jasper as to primary, special, or general elections shall be in
conformity with the provisions of Chapter 3 of Title 21 of the Official
Code of Georgia Annotated, the Georgia Municipal Election Code.
Section 5.13. Special elections; vacancies. In the event
that the office of mayor or council member shall become vacant for
any cause whatsoever, the council or those remaining shall order a
special election to fill the balance of the unexpired term of such office;
provided, however, that if such vacancy occurs within one year of the
expiration of the term of office, said vacancy in office shall be filled by
appointment by the remaining members of the council. Both special
elections and qualifications of candidates therefor shall conform to
the applicable provisions of this charter and Chapter 3 of Title 21 of
the Official Code of Georgia Annotated, the Georgia Municipal
Election Code.
GEORGIA LAWS 1983 SESSION
3555
Section 5.14. Grounds and procedures for removal of
elected officers. The council, by ordinance, may set forth the
grounds and procedure for the removal of elected officials of the City
of Jasper.
ARTICLE VI
FINANCE AND FISCAL
Section 6.10. Property taxes. All property subject to tax-
ation 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 Jasper.
The council shall use the county assessment for the year in which the
city taxes are to be levied and shall request the county to furnish
appropriate information for such purpose.
Section 6.11. Tax levy. The council shall be authorized to
levy an ad valorem tax on all real and personal property within the
corporate limits of the city for the purpose of raising revenue to
defray the costs of operating the city government, providing govern-
mental services, and for any other public purpose as determined by
the council. The council is authorized to provide for a sufficient levy
to pay principal and interest on general obligations.
Section 6.12. Tax due dates and tax bills. The council
shall provide by ordinance when the taxes of the city shall fall due,
when such taxes shall be paid, whether they may be paid in install-
ments or in one lump sum, and when, how, and upon what terms such
taxes shall be due and payable. The council may also authorize the
voluntary payment of taxes prior to the time when due.
Section 6.13. Collection of delinquent taxes. The coun-
cil may provide by ordinance for the collection of delinquent taxes by
fi. fa. issued by the city clerk and executed by any police officer of the
city under the same procedure provided by the laws governing
execution of such process from the superior court or by the use of any
other available legal processes and remedies. A lien shall exist against
all property upon which city property taxes are levied, as of the
assessment date of each year, which lien shall be superior to all other
liens except that it shall have equal dignity with those of federal,
state, or county taxes. In cases of hardship, the council shall have
discretionary authority to waive any and all penalties imposed by this
charter on delinquent taxes, fees, assessments, or on other amounts
due to the city.
3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.14. Licenses, occupational taxes, excise
taxes. The council shall have full power to levy by ordinance such
license or specific or occupation taxes upon the residents of Jasper,
both individual and corporate, and on all those who transact or offer
to transact business therein, or who practice or offer to practice any
profession or calling therein, as the council may deem expedient for
the public health, safety, benefit, convenience, or advantage of the
city; to classify businesses, occupations, professions, or callings for the
purpose of such taxation in any lawful way; to compel the payment of
such licenses by execution or any other lawful manner; to make laws
and regulations necessary or proper to carry out the powers herein
conferred; and to prescribe penalties for the violation thereof. The
council shall have full power and authority to levy an excise tax not
prohibited by general law.
Section 6.15. Sewer service charge. The council may
provide by ordinance for the assessment and collection of fees,
charges, and tolls for sewer services rendered both within and without
the corporate limits of the city, said fees to provide for the cost and
expense of collecting and disposing of sewage through the sewerage
facilities of the city. If unpaid, said sewer service charge shall
constitute a lien against any property served, which lien shall be
second in priority only to liens for county and city property taxes and
enforceable in the same manner and under the same procedures as in
a lien for city property taxes.
Section 6.16. Sanitary and health services
charge. The council shall have the authority to levy and collect by
ordinance the cost of sanitary and health services necessary in the
operation of the city from all individuals, firms, and corporations
residing in or doing business in the city and benefiting from such
service. Such authority shall include the power to assess, levy, and
collect annual or monthly sanitary taxes or fees in such amount or
amounts and based upon and in accordance with such classification of
property and sanitary service or services provided, as may be fixed by
ordinance. Said sanitary taxes and the assessment thereof shall be a
charge and lien against the real estate in respect to which said taxes
are so assessed and the owner or owners thereof, superior to all other
liens except liens for county and city property taxes. Said lien shall be
enforceable in the same manner and under the same remedies as a
lien for city property taxes.
GEORGIA LAWS 1983 SESSION
3557
Section 6.17. Special assessments. The council shall
have power and authority to assess all or part of the cost of construct-
ing, reconstructing, widening, or improving any public way, street,
sidewalk, curbing, gutters, sewers, or other utility mains and appurte-
nances under such terms and conditions as may be prescribed by
ordinance. Such special assessments shall become delinquent 30 days
after their due dates. They shall thereupon be subject, in addition to
fi. fa. charges, to a penalty of 10 percent and shall thereafter be
subject to interest at a rate of 7 percent per annum from date due
until paid. A lien shall exist against the abutting property superior to
all other liens except that it shall be of equal dignity with liens for
county and city property taxes. Said lien shall be enforceable in the
same manner and under the same remedies as a lien for city property
taxes.
Section 6.18. Transfer of executions. The city clerk shall
be authorized to assign or transfer any fi. fa. or execution issued for
any tax or for any street, sewer, or other assessment in law governing
sales and transfers of tax fi. fas.; provided, however, that upon levy of
execution and sale of property pursuant to such tax fi. fa., whether
assigned, transferred, or executed by the city, the owner of such
property in fee simple or lesser interest shall not lose his right to
redeem the property in accordance with the requirements of redemp-
tion of property sold under state or county ad valorem tax fi. fas., as
said requirements now exist or as may be hereinafter provided by law.
Section 6.19. General obligation bonds. The council
shall have the power to issue bonds to raise revenue for any project,
program, or venture authorized under this charter or the general laws
of this state. Such bonding authority shall be exercised in accordance
with the laws governing bond issuances by municipalities in effect at
the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be
issued by the council as provided by Article 3 of Chapter 82 of Title 36
of the Official Code of Georgia Annotated, known as the Revenue
Bond Law, as now or hereafter amended or by any other Georgia law
as now or hereafter provided.
Section 6.21. Short term notes. Pursuant to applicable
state law, the city may obtain temporary loans between January 1 and
December 31 each year.
3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.22. Fiscal year. The council shall set the fiscal
year by ordinance. Said fiscal year shall constitute the budget year
and the year for financial accounting for every office, department,
institution, agency, and activity of the city government unless other-
wise provided by state or federal law.
Section 6.23. Preparation of budgets. The council may
provide by ordinance the procedures and requirements for the prepa-
ration and execution of an annual operating budget, a capital
improvements program, and a capital budget including requirements
as to scope, content, and form of any such budgets and programs.
Section 6.24. 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; provided, however, that any such
additional appropriations may be made only from an existing unap-
propriated surplus in the fund to which it applies.
Section 6.25. Contracting procedures. All contracts
shall be made or authorized by the council and no contracts shall bind
the city unless reduced to writing and approved by the council.
Section 6.26. Centralized purchasing, (a) The council,
by ordinance, may prescribe procedures for a system of centralized
purchasing for the City of Jasper.
(b) The council may sell and convey any real or personal prop-
erty owned or held by the City of Jasper for governmental or other
purposes at a public or private sale, with or without advertisement,
for such consideration as the council shall deem equitable and just for
the city.
(c) The council may quitclaim any rights it may have in property
not needed for public purposes upon report by the mayor and
adoption of a resolution both finding that the property is not needed
for public or other purposes and that the interest of the city has no
readily ascertainable monetary value.
(d) Whenever in opening, extending, or widening any street,
avenue, alley, or public place of the city a small parcel or tract of land
is cut off or separated by such work from a larger tract or boundary of
land owned by the city, the council may authorize the mayor to
GEORGIA LAWS 1983 SESSION
3559
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 that the city has in such property
notwithstanding the fact that no public sale after advertisement was
or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Official bonds. The officers and employees,
both elected and appointed, of the City of Jasper shall execute such
official bonds in such amounts and upon such terms and conditions as
the council may require from time to time.
Section 7.11. Existing ordinances and regula-
tions. Existing ordinances and resolutions of the City of Jasper 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 the departments or agencies of the
City of Jasper not inconsistent with the provisions of this charter
shall continue in effect until they have been repealed, modified, or
amended.
Section 7.12. Pending matters. Except as specifically pro-
vided otherwise by this charter, all rights, claims, actions, orders,
contracts, and legal or administrative proceedings initiated under the
former charter of the City of Jasper shall continue, and any such
ongoing work or cases shall be dealt with by such city agencies,
personnel, or office as may be provided by the city council.
Section 7.13. 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.
3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The singular shall include the plural and the masculine the
feminine and vice versa.
Section 7.14. Penalties. The violations of any provisions of
this charter for which penalty is not specifically provided herein is
declared to be a misdemeanor and shall be punishable by a fine of not
more than $1,000.00 or by imprisonment not to exceed 90 days, or
both.
Section 7.15. Specific repealer. An Act incorporating the
City of Jasper in the County of Pickens, approved December 22,1953
(Ga. L. 1953, p. 206), as amended, is repealed in its entirety.
Section 7.16. Existing officials. The mayor and council
members in office on the effective date of this charter shall continue
in office until the expiration of the terms to which they were elected
unless otherwise removed prior to the expiration of such terms.
Section 7.17. Repealer. All laws and parts of laws in con-
flict with this Act are repealed.
Notice of Intent to Introduce Legislation Providing
a New Charter for the City of Jasper.
Lee Newton, Mayor of the City of Jasper, pursuant to the author-
ity and directive of a resolution passed by the unanimous vote of the
City Council of the City of Jasper on December 13,1982, hereby gives
notice of his intent to have legislation introduced at the 1983 Session
of the General Assembly to repeal the present City Charter and adopt
a new charter for the City of Jasper.
Copies of the proposed new city charter are filed with the City
Clerk at Jasper City Hall and with the Clerk of Pickens Superior
Court for examination and inspection by the public.
Lee Newton
Mayor,
City of Jasper
GEORGIA LAWS 1983 SESSION
3561
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty, Sr., who, on oath,
deposes and says that he 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:
December 16,23,30,1982.
/s/ W. G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 27th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2,1983.
CITY OF CANTON CORPORATE LIMITS.
No. 15 (House Bill No. 334).
AN ACT
To amend an Act incorporating the City of Canton, approved
August 1,1922 (Ga. L. 1922, p. 604), as amended, so as to change the
3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
corporate limits thereof; 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 Canton, approved
August 1, 1922 (Ga. L. 1922, p. 604), as amended, is amended by
adding immediately following Section 2 thereof a new Section 2A to
read as follows:
Section 2A. In addition to any other property within the corpo-
rate limits of the City of Canton, those corporate limits shall include
all of the right of way of Interstate Highway 575 in Cherokee County
beginning at the width of the right of way of that highway as formed
by a line perpendicular to the boundaries of that right of way and
intersecting centerline station number 481+83.77, then proceeding
northeasterly along the right of way of that highway; and ending at
the width of that highway as formed by a line perpendicular to the
boundaries of that right of way and intersecting centerline station
number 788+00, as such right of way and centerline station numbers
are specified in right of way plans for Interstate Highway 575 as filed
in the state department of transportation.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice is hereby given that there will be a bill introduced in the
1983 Georgia General Assembly to extend the City limits of the City
of Canton.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. G. Hasty, Sr., who, on oath,
deposes and says that he 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: December
15,22,29,1982.
GEORGIA LAWS 1983 SESSION
3563
/s/ W. G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 27th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2, 1983.
CITY OF MARIETTA DOWNTOWN DEVELOPMENT
AUTHORITY ACT AMENDED.
No. 17 (House Bill No. 607).
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 provide for enlargement of the Downtown Marietta
District; to provide for a larger Downtown Marietta District for
certain governmental buildings and other purposes; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Downtown Marietta Develop-
ment Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as
amended, is amended by adding at the end of Section 3 thereof the
following:
3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 an iron pin on the West side of Powder Springs
Street 346 feet South of the intersection thereof with the South
side of Reynolds Street, and running thence South along Powder
Springs Street 700 feet, more or less, to the North side of Griggs
Street; running thence West along Griggs Street 132 feet to a point
and corner; running thence North along the rear lines of those lots
fronting on Powder Springs Street 620 feet, more or less, to the
South boundary of the Downtown Marietta District; running
thence East along the South boundary of the Downtown Marietta
District 294.3 feet to the point of beginning.
Also, all that tract or parcel of land lying and being in Land Lot
1216 of the 16th District, 2nd Section, City of Marietta, Cobb County,
Georgia, being more particularly described as follows:
Beginning at the intersection of the center lines of Lawrence
Street and Cole Street (Cole Street being the existing East
boundary of the Downtown Marietta District), and running
thence North along Cole Street 200 feet to a point and corner;
running thence East 130 feet, more or less, along the North line of
the corner lot to a point and corner; running thence South along
the East line of said corner lot 200 feet to the center line of
Lawrence Street; continuing thence South along the East line of
properties fronting on Cole Street 200 feet, more or less, to the
North line of the Johnson property; running thence West along
the North line of the Johnson property 120 feet, more or less, to
the center line of Cole Street; running thence North along the
center line of Cole Street and the East boundary of the District
200 feet to the point of beginning.
Section 2. Said Act is further amended by adding following
Section 3 thereof a new Section 3A to read as follows:
Section 3A. For the purpose of any Project to be owned, leased
or occupied by any governmental agency or agencies for at least 50
percent of its floor space, the Downtown Marietta District shall also
include the entire City Limits, as now or hereafter constituted, of the
City of Marietta, provided this shall not extend the taxing district of
the Authority beyond the boundaries set forth in Section 3 of the
Act.
GEORGIA LAWS 1983 SESSION
3565
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
1983 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 Dec. 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Johnny Isakson, who, on oath,
deposes and says that he is Representative from the 21st District, and
that the attached copy of Notice of Intention to Introduce Local
3566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Marietta Daily Journal which is the
official organ of Cobb County, on the following dates: December 31,
1982, January 7,14,21,28,1983.
/s/ Johnny Isakson
Representative,
21st District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2,1983.
GWINNETT COUNTY COMPOSITION OF
ELECTION DISTRICTS FOR COMMISSIONERS.
No. 18 (House Bill No. 636).
AN ACT
To amend an Act creating a new board of commissioners of
Gwinnett County, approved January 31,1968 (Ga. L. 1968, p. 2003),
as amended, particularly by an Act approved March 27,1972 (Ga. L.
1972, p. 3113), so as to change the composition of the districts from
which members of the board are elected; to provide for the election of
members therefrom; to provide for all related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
3567
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new board of commissioners of
Gwinnett County, approved January 31,1968 (Ga. L. 1968, p. 2003),
as amended, particularly by an Act approved March 27,1972 (Ga. L.
1972, p. 3113), is amended by striking Section 3, relating to commis-
sioner districts, and inserting new Sections 3 and 3.1 to read as
follows:
Section 3. (a) The commission established herein shall consist of
four members and a chairman. The chairman shall be elected by the
qualified voters of the entire county and may reside in any district in
Gwinnett County, but each candidate for membership on the com-
mission shall be a resident of the commissioner district hereinafter
created, which he offers to represent, excluding the chairman, and
shall be elected by the qualified voters of said district. For the
purpose of electing commission members, Gwinnett County is hereby
divided into four commissioner districts to be constituted and desig-
nated as follows:
Commissioner District No. 1
Precincts 404, 444A, 444B, 544A, 544B,
544D, 550A, 550B, 1263, 1397, 1587,
1604, and 1749
Commissioner District No. 2
Precincts 405B, 405E, 406A, 406B,
406C, 406E, 406F, 406G, and 406H
Commissioner District No. 3
Precincts 405C, 408A, 408C, 408D,
408E, 571A, 571B, 1295B, and 1578
Commissioner District No. 4
Precincts 405A, 405D, 405F, 406D,
407A, 407B, 407C, 408B, 478,
544C, 1295A, and 1564
3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) As used in subsection (a) of this section the term precinct
refers to the precinct designated by the same number on the official
precinct map of Gwinnett County filed by the election superinten-
dent of Gwinnett County with the Secretary of State and on file in the
office of the Secretary of State on February 15,1983.
(c) Any part of Gwinnett County which is not included in any
commissioner 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 3.1. (a) Not sooner than July 1,1983, and not later than
ten days after July 1, 1983, the election superintendent of Gwinnett
County shall issue the call for a special primary for the purpose of
nominating members of the board from Commissioner Districts No. 2
and No. 4. The date of the special primary shall be set for a date not
less than 30 and not more than 60 days after the date of the call.
(b) After the special primary there shall be held a special pri-
mary run-off election, if necessary, and a special election for these
offices pursuant to the provisions of Chapter 2 of Title 21 of the
O.C.G.A., the Georgia Election Code.
(c) The members of the board from Commissioner Districts No.
2 and No. 4 elected pursuant to subsection (a) of this section shall
take office immediately following their election for a term of office
ending on December 31,1986.
(d) The members of the board from Commissioner Districts No.
1 and No. 3 in office on the effective date of this subsection shall serve
out the terms for which they were elected, such terms expiring on
December 31,1984.
(e) Future members of the board shall be elected for terms of
four years beginning on the first day of January next following their
election. Members from Commissioner Districts No. 1 and No. 3 shall
be elected in 1984 and quadrennially thereafter. Members from
Commissioner Districts No. 2 and No. 4 shall be elected in 1986 and
quadrennially thereafter.
Section 2. This Act shall become effective July 1,1983.
GEORGIA LAWS 1983 SESSION
3569
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
1983 Session of the General Assembly of Georgia a bill to amend the
Act creating the Gwinnett County Board of Commissioners (Georgia
Laws 1966, p. 2003, et seq.), as amended and for other purposes.
This the 9th day of December, 1982.
James A. Henderson
Attorney for Gwinnett
County Board of
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Charles C. Martin, who, on oath,
deposes and says that he is Representative from the 60th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Home Weekly which is the official
organ of Gwinnett County, on the following dates: January 12,19,26,
1983.
/s/ Charles C. Martin
Representative,
60th District
3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,this 15th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2,1983.
HALL COUNTY EXPENSE ALLOWANCES FOR
COMMISSIONERS.
No. 19 (House Bill No. 674).
AN ACT
To amend an Act creating a board of commissioners for Hall
County, approved March 21,1935 (Ga. L. 1935, p. 661), as amended,
particularly by an Act approved March 30,1971 (Ga. L. 1971, p. 2640),
so as to authorize certain expense allowances for members of said
board; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Hall
County, approved March 21,1935 (Ga. L. 1935, p. 661), as amended,
particularly by an Act approved March 30,1971 (Ga. L. 1971, p. 2640),
is amended by striking Section 12, which reads as follows:
Section 12. The compensation of each member of the Board of
Commissioners shall be $5,400.00 per annum, payable in equal
monthly installments. However, the Chairman of the Board shall
receive $6,600.00 per annum, payable in the same manner. Members
of the Board of Commissioners shall not be entitled to any expenses
GEORGIA LAWS 1983 SESSION
3571
incurred within the county in the performance of their official
duties.,
in its entirety and inserting in lieu thereof a new Section 12 to read as
follows:
Section 12. (a) Each member of the board of commissioners
shall receive an annual salary of $5,400.00, payable in equal monthly
installments. The chairman of the board of commissioners shall
receive an annual salary of $6,600.00, payable in equal monthly
installments.
(b) For each official meeting of the board, the chairman and
each member of the board shall be authorized to receive an expense
allowance equal to the daily expense allowance provided by law for
members of the General Assembly but shall be authorized to receive
the same for not more than four meetings per month.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, a bill to amend an
Act creating the Board of Commissioners of Hall County (Ga. L. 1935,
page 661 et seq.) as amended, so as to authorize per diem allowances
to the members of the Board of Commissioners of Hall County; and
for other purposes.
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 is Representative from the 9th District, and that the
3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Times which is the official organ of Hall County,
on the following dates: December 23,30,1982.
/s/ Joe T. Wood
Representative,
9th District
Sworn to and subscribed before me,
this 19th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, a bill to amend an
Act creating the Board of Commissioners of Hall County (Ga. L. 1935,
page 661 et seq.) as amended, so as to authorize per diem allowances
to the members of the Board of Commissioners of Hall County; and
for other purposes.
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 is Representative from the 9th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Tribune which is the official organ of Hall
County, on the following dates: January 5,1983.
/s/ Joe T. Wood
Representative,
9th District
GEORGIA LAWS 1983 SESSION
3573
Sworn to and subscribed before me,
this 18th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2, 1983.
GWINNETT COUNTY EDUCATION DISTRICTS.
No. 20 (Senate Bill No. 219).
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 all related matters; 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 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 new Sections 1 and 1.1 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 July 1,1983. 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
3574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as the district of the previous member. Future members shall be
elected in the same manner. Except as otherwise provided in Section
1.1 of this Act, all members shall be elected at the general election
next preceding the expiration of the term of the member they will
replace; 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
Blocks 105 through 109
That part of Block 110 outside
the City of Snellville
GEORGIA LAWS 1983 SESSION
3575
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 Groups 1 and 2
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
3576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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
GEORGIA LAWS 1983 SESSION
3577
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
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
3578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 3
Gwinnett County
Tracts 503.01 through 503.03 and 504.01
Tract 504.02
Blocks 304 through 306 and 309
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
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
Education District No. 5
Gwinnett County
Tract 504.02
Block Groups 1 and 2
Blocks 301 through 303, 307, 308,
and 310 through 314
Block Groups 4, 5, and 9
Tracts 504.03 and 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
GEORGIA LAWS 1983 SESSION
3579
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 1.1. (a) Not sooner than July 1,1983, and not later than
ten days after July 1, 1983, the election superintendent of Gwinnett
County shall issue the call for a special primary for the purpose of
nominating members of the board from Education Districts No. 2 and
No. 4. The date of the special primary shall be set for a date not less
than 30 and not more than 60 days after the date of the call.
(b) After the special primary there shall be held a special pri-
mary run-off election, if necessary, and a special election for these
offices pursuant to the provisions of Chapter 2 of Title 21 of the
O.C.G.A., the Georgia Election Code.
(c) The members of the board from Education Districts No. 2
and No. 4 elected pursuant to subsection (a) of this section shall take
office immediately following their election for a term of office ending
on December 31,1986.
(d) The members of the board from Education Districts No. 1,
No. 3, and No. 5 in office on the effective date of this subsection shall
serve out the terms for which they were elected, such terms expiring
on December 31,1984.
(e) Future members of the board shall be elected for terms of
four years beginning on the first day of January next following their
election. Members from Education Districts No. 1, No. 3, and No. 5
shall be elected in 1984 and quadrennially thereafter. Members from
Education Districts No. 2 and No. 4 shall be elected in 1986 and
quadrennially thereafter.
3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective July 1,1983.
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
1983 Session of the General Assembly of Georgia a Bill to provide for
new and different education districts from which members of the
Board of Education of Gwinnett County are elected, to provide for
the election of members from such districts and to provide for related
matters thereto and for other purposes.
Board of Education
of Gwinnett County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, R. T. Phillips who, on oath, deposes
and says that he is Senator from the 9th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Home Weekly which is the official organ of
Gwinnett County, on the following dates: January 12,19,26,1983.
/s/ R. T. Phillips
Senator,
9th District
GEORGIA LAWS 1983 SESSION
3581
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2, 1983.
CITY OF DORAVILLE MAYOR AND COUNCIL
TERMS OF OFFICE REFERENDUM.
No. 22 (House Bill No. 729).
AN ACT
To amend an Act creating a new charter for the City of Doraville,
approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), so as to
change the term of office for the mayor and members of the council; to
provide for elections; to provide for other matters relative thereto; to
provide for a referendum; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of
Doraville, approved October 13,1971 (Ga. L. 1971, Ex. Sess., p. 2154),
is amended by striking subsection (b) of Section 5.08 thereof in its
entirety and inserting in lieu thereof a new subsection (b) to read as
follows:
(b) (1) The three members of the council who were elected in
the general municipal election held in April, 1983, shall continue
to hold office until the expiration of the term to which they were
3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elected and until their successors are elected and qualified as
provided in this subsection.
(2) On the first Saturday in April, 1985, a general municipal
election shall be held for the offices of the three council members
whose terms of office expire as provided in paragraph (1) of this
subsection. Members elected in 1985 and their successors shall be
elected to serve for a term of four years and until their successors
are elected and qualified.
(3) In April, 1989, and every four years thereafter, a general
election shall be held for the offices of the three council members
whose terms of office are to expire. This election shall be held at
large throughout the city but the candidates shall run from city
election districts, as provided in this charter, and each candidate
shall reside in the district which he seeks to represent. Individuals
elected at such elections shall take office on the first day of May
next following such election.
Section 2. Said Act is further amended by striking from subsec-
tion (c) of Section 5.08 thereof the following language:
(c) The Mayor and the two members of the Council whose
terms of office are due to expire December 31,1973, shall continue to
hold office until their successors are duly qualified and elected in
April, 1974, and subsequently take office in May, 1974.
On the first day Saturday in April, 1974, a general election shall be
held for the offices of the Mayor and the two councilmen whose terms
of office are expiring as provided above, as well as for the newly
created office which is expiring in April, 1974. Every two years
thereafter, a general election shall be held for the offices of the Mayor
and the three Councilmen whose terms of office are expiring.
The candidate for mayor who receives a majority of the votes cast
in said election and the three candidates for councilmen who receive a
majority of the 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. The three councilmen to be elected in April of
odd numbered years shall be for Post One from each respective city
election district as hereinafter described. The three councilmen to be
elected in April of even numbered years shall be for Post Two from
each respective city election district as hereinafter described.,
GEORGIA LAWS 1983 SESSION
3583
and inserting in lieu thereof the following language:
(c) (1) The mayor and the three members of the council who
were elected in the general municipal election held in April, 1982,
shall continue to hold office until the expiration of the term to
which they were elected and until their successors are elected and
qualified as provided in this subsection.
(2) On the first Saturday in April, 1984, a general municipal
election shall be held for the office of the mayor and the offices of
the three council members whose terms of office expire as pro-
vided in paragraph (1) of this subsection. Members elected in
1984 shall be elected to serve for an initial term of three years and
until their successors are elected and qualified. Successors to the
mayor and three council members elected as provided in this
paragraph shall be elected to serve for a term of office of four years
and until their successors are elected and qualified.
(3) In April, 1987, and every four years thereafter, a general
election shall be held for the mayor and three council members
whose terms of office are to expire. This election shall be held at
large throughout the city but, as to the council members, the
candidates shall run from city election districts, as provided in
this charter, and each candidate for the council shall reside in the
district which he seeks to represent. Individuals elected at such
elections shall take office on the first day of May next following
such election.
Section 3. Said Act is further amended by adding at the end of
Section 5.08 thereof a new subsection (e) to read as follows:
(e) Except as provided in paragraph (2) of subsection (c) of this
section, relative to an initial three-year term for the mayor and
certain council members, the candidate for mayor who receives a
majority of the votes cast in each mayoral election and the candidates
for councilmen who receive a majority of the votes cast in their
respective elections shall be elected for terms of office of four years
each and until their successors are duly elected and qualified. The
three councilmen to be elected as provided in subsection (b) of this
section shall be for Post One from each respective city election
district as provided in this section. The three councilmen to be
elected as provided in subsection (c) of this section shall be for Post
Two from each respective city election district as provided in this
section.
3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. 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 Doraville to issue the call for an
election for the purpose of submitting this Act to the electors of the
City of Doraville for approval or rejection. The election superinten-
dent shall set the date of the election for the same day in 1983 at
which the general municipal election is 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 the City of Doraville. The ballot shall
have written or printed thereon the following:
( ) YES Shall an Act changing the terms of
( ) NO office for certain members of the
council of the City of Doraville from
two-year terms to four-year terms
and changing the terms of office for
the mayor and certain members of
the council of the City of Doraville
from two-year terms to initial three-
year terms and thereafter four-year
terms and providing for elections
and other matters relative thereto be
approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by City of Doraville. 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.
GEORGIA LAWS 1983 SESSION
3585
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
creating a new charter for the City of Doraville, approved October 13,
1971 (Ga. L. 1971, Ex. Sess., p. 2154); and for other purposes.
This the 31st day of January, 1983.
Chesley Morton
Representative,
47th District
Publishers Certificate.
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, co-pub-
lisher of Decatur-DeKalb News/Era, a newspaper published at Deca-
tur, county of DeKalb, State of Georgia, who, being duly sworn, states
on oath that the report of Local Legislation-Create new charter for
City of Doraville, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 3, 10, 17th days of
February, 1983.
Gerald W. Crane
Co-Publisher
Linda L. Orr
Agent
/s /
M
3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Linda L. Orr
Notary Public.
My Commission Expires June 21, 1985.
(Seal).
Approved March 3,1983.
CITY OF TYBEE ISLAND CHARTER
AMENDMENTS REFERENDUM.
No. 24 (House Bill No. 395).
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 March 4,1977 (Ga. L. 1977, p. 2877)
and by an Act approved March 17,1978 (Ga. L. 1978, p. 4093), so as to
change the provisions relating to the governing body of said city; to
change the provisions relating to fines authorized to be imposed by
the recorders court; 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 incorporating the City of Tybee Island,
approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended,
particularly by an Act approved March 4,1977 (Ga. L. 1977, p. 2877)
and by an Act approved March 17, 1978 (Ga. L. 1978, p. 4093), is
amended by striking the word councilman or councilmen wher-
ever the same appear in said Act and inserting in lieu thereof the word
councilperson or councilpersons, respectively.
GEORGIA LAWS 1983 SESSION
3587
Section 2. Said Act is further amended by striking Sections 19
and 20 in their entirety and substituting in lieu thereof new Sections
19 and 20 to read as follows:
Section 19. On the first Tuesday in November of each odd-
numbered year, beginning in 1983, a regular election shall be held in
the City of Tybee Island at the city hall or at such other place or
places as the city council may designate for the election of a mayor
and six councilpersons, who shall have the qualifications specified in
this charter to hold such office. Any incumbent mayor or incumbent
councilperson who shall qualify as a candidate and meet the qualifica-
tions to hold such office may be a candidate to succeed himself or
herself for office or for office as a member of the city council.
Section 20. The mayor and six councilpersons who shall be elected
at the regular elections provided for by Section 19 of this charter and
who shall be qualified at the time to assume the office to which
elected shall take office on the first Monday in December immedi-
ately following the regular election, beginning in 1983, or as soon
thereafter as possible upon the completion of the election and shall
serve for terms of two years and until their successors are elected and
qualified. The terms of office of the mayor and councilpersons which
would expire on June 30,1984, under previously existing provisions of
this charter are shortened to expire on the first Monday in December,
1983, or upon the mayor and six councilpersons who are elected at the
1983 regular election taking the oath of office.
Section 3. Said Act is further amended by striking subsection (c)
of Section 44 in its entirety and substituting in lieu thereof a new
subsection (c) to read as follows:
(c) The judge or other presiding officer in the court shall have
full power and authority to sentence, upon conviction for violation of
the city ordinance or upon conviction of a state law where jurisdiction
is inherent, applicable or waived, any offender to labor upon the
streets or other public works in said city for a period not exceeding 12
months or to confinement or imprisonment in the city or county
prison for a period not exceeding 12 months or to impose a fine not
exceeding $1,000.00; and one or more of said penalties or any part of
one or all of them may be imposed in the discretion of the presiding
judge.
3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. Not less than ten nor more than 20 days after the date
of the approval of this Act by the Governor, or after it otherwise
becomes law, it shall be the duty of the election superintendent of the
City of Tybee Island to issue the call for an election for the purpose of
submitting this Act to the electors of the City of Tybee Island 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
Chatham County. The ballot shall have written or printed thereon
the words:
( ) YES Shall the Act providing for election
( ) NO of the mayor and councilpersons of
the City of Tybee Island in odd-
numbered years beginning in 1983
and shortening terms of office in con-
nection therewith and changing pro-
visions relative to penalties for the
violation of city ordinances be ap-
proved?
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 Tybee
Island. 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 is hereby given that the undersigned will, during the 1983
session of the Georgia General Assembly, introduce legislation per-
taining to and affecting the charter of the town of Tybee Island,
Georgia; to include the changing of certain charter provisions, the
GEORGIA LAWS 1983 SESSION
3589
changing of the terms of office for Mayor and Council, the changing of
corporate limits, and for other purposes. A referendum will be
required.
Bobby Phillips
Representative,
125th District
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 is Representative from the 125th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Georgia Gazette which is the official organ
of Chatham County, on the following dates: January 5,12,19,1983.
/s/ Bobby Phillips
Representative,
125th District
Sworn to and subscribed before me,
this 1st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 8,1983.
3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFTON-TIFT COUNTY CHARTER COMMISSION
ACTREFERENDUM
No. 26 (House Bill No. 426).
AN ACT
To create the Tifton-Tift County Charter Commission; to provide
for a short title; to provide for definitions; to provide for the appoint-
ment of the members of the charter commission; to provide for the
organizational meeting of the charter commission and for the election
of a permanent chairman; to provide for the powers and duties of the
charter commission; to provide that the charter commission shall be
authorized to employ a staff to assist it in carrying out its powers and
duties; to provide for the expenses of the charter commission and for
the payment of those expenses by the governing authorities of the
City of Tifton and Tift County; to provide that the charter commis-
sion shall be authorized to study all matters relating to the govern-
ments of the City of Tifton and of Tift County and all matters relating
to the establishment of a single county-wide government with powers
and jurisdiction throughout the territorial limits of Tift County; to
provide for the powers of the charter commission relating to drafting
a proposed county-wide government charter; to provide for a budget
for the new county-wide government; to provide for the submission of
such proposed county-wide government charter to the qualified
voters of Tift County for approval or rejection; to provide the manner
in which such charter shall be submitted to those voters; to provide
for the conduct of such election and for the certification of the results
thereof; to provide for all procedures and other matters connected
with 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. This Act shall be known and may be cited as the
Tifton-Tift County Charter Commission Act. This Act is pursuant
to the authority granted by an amendment to the Constitution of the
State of Georgia proposed by a resolution, Act number 138 (House
resolution number 563) as set forth in Georgia Laws 1982, pages 2556-
2562, of the General Assembly and ratified at the general election
held on November 9,1982.
GEORGIA LAWS 1983 SESSION
3591
Section 2. As used in this Act the following terms shall have the
meanings ascribed to them unless the context clearly requires other-
wise:
(1) Charter commission or commission shall mean the
Tifton-Tift County Charter Commission provided for in this Act.
(2) Governing authority of Tift County shall mean the
Board of Commissioners of Tift County.
(3) Governing authority of the City of Tifton shall mean
the city commission of the City of Tifton.
Section 3. (a) There is created the Tifton-Tift County Char-
ter Commission which shall consist of 31 members who shall be the
following individuals:
Mr. Henry Sutton
Mr. Heck Dodson
Mr. John Henry Davis
Mr. Huie Bowen
Ms. Maryanne Hill
Mr. Harold Harper
Mr. Henry Banks Allen
Mr. Ernie Yates
Mr. Larry Mims
Mr. Wasdon Graydon, Jr.
Mr. Gene Radford
Mr. John Bassett
Mr. Marvin Moore
Mr. Bob Burnett
Mr. J. T. Sumner
Mr. E. Ray Jensen
(b) Mr. Henry Sutton sh;
charter commission until such time as the commission holds its
organizational meeting and elects a permanent chairman.
(c) If a vacancy shall occur on said commission for any reason,
the remaining members of the charter commission shall, within 30
days of any such vacancy, appoint an individual to fill such vacancy.
To be eligible for appointment, a person must be at least 21 years of
age and shall have been a resident of the State of Georgia for a period
Mr. Homer Rankin
Mr. Amos Marchant
Mr. Russell Doss
Mr. Jimmy Echols
Mr. Paul Fulwood III
Mr. Virgil Gill
Ms. Julie Hunt
Mr. Mike Jackson
Dr. Frank Thomas
Ms. Eunice Mixon
Mr. Glen Taylor
Mrs. Solomon Nixon
Mr. Jack Jones
Mr. W. Ches Smith IV
Mr. Willard Dunn
act as temporary chairman of the
3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of two years and a resident of Tift County for a period of one year
prior to the time of appointment. Notwithstanding the foregoing, any
vacancy which occurs within 90 days prior to the submission of the
proposed charter to the Tift County Board of Elections as provided in
Section 9 of this Act need not be filled but may, at the option of the
commission, be filled in its discretion.
(d) Fifteen members of the charter commission shall constitute
a quorum for the transaction of business. Such quorum shall not be
applicable with respect to any committees or subcommittees which
may, at the discretion of the charter commission, be appointed. Fifty
percent of the number of members of each such committee or
subcommittee shall constitute a quorum for the conduct of its busi-
ness.
(e) The charter commission may appoint advisory committees or
subcommittees from among the general populace to advise it with
respect to its work; provided, however, that the charter commission
may not delegate any of the duties, powers, or obligations imposed
upon the commission and granted to it by this Act to any such
advisory committee or subcommittee. Any such advisory committee
or subcommittee so appointed shall serve at the discretion of the
commission and shall serve subject to such terms, conditions, and
charges as may be imposed upon it by the commission.
(f) All persons who shall, from time to time, serve as members of
the charter commission and all employees and staff hired by the
charter commission from time to time shall be afforded coverage, and
shall be included in the insured class, under the provisions of such
policies, riders, or other insurance contracts from time to time in force
and held by the governing authority of Tift County extending to
members of such governing authority of Tift County what is com-
monly referred to as Public Officials Liability Insurance Coverage to
the same extent and with identical coverage and limits as afforded to
the individual members of the governing authority of Tift County.
Any additional premium amounts payable by Tift County due to the
extension of such coverage to the members of the charter commission
and its employees and staff shall be paid one-half by Tift County and
one-half by the City of Tifton, which payments shall be made in
addition to all other amounts otherwise payable under the provisions
of this Act.
GEORGIA LAWS 1983 SESSION
3593
(g) The governing authority of Tift County and the governing
authority of any county-wide government created under a charter
adopted pursuant to this Act is authorized and directed to expend
funds for fees, costs, and expenses incurred in providing for the
defense of the members of the charter commission arising out of their
activity as members of such commission and in providing for the
defense of any proposed charter submitted by the commission,
whether prior to the referendum thereon or after the referendum
thereon is adopted.
Section 4. (a) The charter commission shall hold an organiza-
tional meeting within 21 days after the date this Act becomes
effective. The temporary chairman of the charter commission shall
call such organizational meeting. The first order of business at the
organizational meeting shall be the election of a permanent chairman
who shall be elected by a majority vote of the full membership of the
charter commission. In calling the organizational meeting, the tem-
porary chairman of the charter commission shall designate the date,
time, and place that the organizational meeting shall be held.
(b) After organization and the election of a permanent chair-
man, the charter commission shall be authorized to elect a secretary,
who need not be a member of the commission, and such other officers
from the membership of the charter commission as it shall deem
necessary. The charter commission shall be further authorized to
employ such staff as may be required to assist it in studying all
matters relating to the governments of the City of Tifton and Tift
County and in drafting a charter. The charter commission shall not
employ any person who holds any elective public office.
(c) The members of the charter commission shall not receive per
diem or other compensation for their services, but the members shall
be reimbursed for actual expenses incurred by them in carrying out
their duties. The staff employed by the commission shall be paid
compensation as determined by the commission within the limits of
funds available to it. The governing authority of the City of Tifton
and the governing authority of Tift County are authorized to expend
public funds in carrying out the provisions of this Act and shall share
equally the expense thereof. The said governing authorities shall
initially appropriate not less than $15,000.00 each for the charter
commission and the treasurer or other fiscal authority of each of those
governing authorities shall honor, from time to time, vouchers or
warrants signed by the chairman of the charter commission for
3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amounts up to an aggregate total of such amount. The governing
authorities shall appropriate such additional funds in equal amounts
as may be necessary to meet the expenses of the charter commission
provided that such additional expenditures shall be first approved by
both governing authorities.
(d) The charter commission is also authorized to solicit, receive
and expend contributions, grants, gifts, and other funds from other
sources to be utilized by it in the conduct of its business.
(e) All public officials and employees of Tift County and the
City of Tifton upon request shall furnish the charter commission with
all documents, books, records, data, and information necessary or
appropriate in the opinion of the charter commission for it to carry
out its duties, except for information that is confidential or privileged
by law, and shall furnish such other assistance and aid to the
commission as it shall request; and shall also appear and give testi-
mony at the request of the commission before the commission or any
of its committees, subcommittees, or advisory committees.
Section 5. The commission shall be authorized to study all
matters relating to the governments of the City of Tifton and Tift
County and all matters relating to the establishment of a single
county-wide government with powers and jurisdiction throughout the
territorial limits of Tift County. The charter commission shall draft a
proposed charter creating a single county-wide government, which
government shall supersede and replace the existing governments of
the City of Tifton and Tift County and may also supersede and
replace any public authorities and special service districts located and
operating within Tift County.
Section 6. (a) The charter so drafted shall be submitted to
the qualified voters of Tift County for approval or rejection at the
referendum provided for in Section 10 of this Act.
(b) The General Assembly delegates its powers to the charter
commission to draft such a charter which may include any provisions
necessary to effectuate its purposes. Without limiting the generality
of the foregoing, the proposed charter may provide for any one or
more, or a combination, of the matters listed below. Where it is
indicated that an item shall be included, the inclusion of that particu-
lar item shall be mandatory.
GEORGIA LAWS 1983 SESSION
3595
(1) The charter shall provide for the abolishment of the
existing governments of the City of Tifton and Tift County and for
the creation of a new single government which may have all
powers formerly exercised by the City of Tifton and Tift County
and such other powers as may be necessary or desirable. The new
single government may be given such rights, powers, duties, and
liabilities as are now or hereafter vested in municipalities or
counties or both by the Constitution and laws of the State of
Georgia. The form and composition of the new government shall
be as the charter shall provide.
(2) The charter may authorize the new government to con-
tinue to be eligible to have, hold, enjoy, and be entitled to any
assistance, credits, benefits, moneys, grants, grants-in-aid, funds,
loans, aid, appropriations, and matching funds to the same extent
that any municipality or county of the State of Georgia now or
may hereafter enjoy or possess under the Constitution and laws of
the State of Georgia or by other provisions of law or under any
present or future state or federal programs.
(3) The charter may provide for the abolishment, modifica-
tion, consolidation, or merger of any city and county courts and
any other courts including courts created in lieu of constitutional
courts presently existing in the City of Tifton and Tift County,
except for the Superior Court, the Probate Court, and the State
Court of Tift County, and for the creation of one or more new
courts having the jurisdiction and powers of the former courts or
for the transfer of jurisdiction and functions from one such court
to another or others in such manner as said charter shall provide.
(4) The charter may provide for the abolishment, modifica-
tion, consolidation, or merger of any public authorities and special
service districts located within Tift County whether created by
law or by provisions of the Constitution of the State of Georgia,
and for the transfer of any powers, duties, and obligations of such
authorities and districts to the new county-wide government or to
any agency thereof or from one such authority or special service
district to another in such manner as said charter shall provide.
(5) The charter may provide for the abolishment, modifica-
tion, consolidation, or merger of any one or more public offices,
including coroner, county surveyor, tax commissioner, or positions
of public employment of the City of Tifton and Tift County and
3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any public authorities or special service districts located or operat-
ing within Tift County. The charter may provide for administra-
tive division or changes with reference to the duties and responsi-
bilities of any public office or official as the charter commission
shall deem necessary for the efficient functioning of the new
county-wide government.
(6) The charter shall provide for the creation of the govern-
ing authority of the new single county-wide government, including
the number of members of the governing authority, their powers,
duties, terms of office, manner and time of election or appoint-
ment, compensation, method of removal, and all other matters
incidental or necessary to the creation of said county-wide govern-
ing authority. The charter shall provide for the name or names of
the new county-wide government and governing authority.
(7) The charter may provide for the creation of the various
departments, boards, bureaus, offices, commissions, and positions
of public employment of the new county-wide government and for
any matters necessary or incidental thereto.
(8) The charter may provide for the creation of two or more
taxing districts whereby taxes shall be assessed, levied, and col-
lected by the county-wide government in accordance with the
kind, character, type, and degree of services provided by the
government within those taxing districts. The charter may pro-
vide that the rate and manner of taxation may vary in any one
district from that in another or other districts and may provide
that the powers, authority, duties, liabilities, and functions of the
new governing authority may vary from district to district. The
charter shall provide that any such taxing districts established
shall reflect the services received and that the governing authority
of the new county-wide government shall periodically revise dis-
tricts as changes in conditions and in services rendered, in its
judgment, may require.
(9) The charter may provide for the assumption by the new
government of all bonded indebtedness and all other obligations
of whatever kind of all governmental units, public authorities, and
special service districts which are altered by said charter and a
method by which the new county-wide government shall assume
the payment of any obligations issued under the Revenue Bond
Law or other similar legislation.
GEORGIA LAWS 1983 SESSION
3597
(10) The charter may provide for the transfer to the new
county-wide government of assets, contracts, and franchises of all
governmental units and any public authorities and special service
districts which are merged with the new county-wide government
or are altered by the charter.
(11) The charter may provide the purposes for which the new
county-wide government or governing authority or any agency
thereof may levy taxes and the debt limitations applicable to such
new county-wide government or any agency thereof.
(12) The charter shall provide for the method or methods by
which it may be amended. The General Assembly expressly
reserves the right to amend any charter adopted pursuant to this
Act. The charter may provide for an additional method or
methods by which the charter may be amended and shall provide
for any amendments adopted by any such other method or meth-
ods to be filed with the Secretary of State so that they may be
published in the Georgia session laws.
(13) The charter shall provide for the repeal of conflicting
laws.
(14) The charter may contain such other provisions as are
necessary and needful to achieve the objectives of consolidation of
the governments and functions of the City of Tifton and Tift
County and the creation of a successor government.
(c) The following additional provisions shall govern proceedings
of the charter commission and any successor county-wide government
created by a charter drafted by the commission:
(1) The charter commission is authorized to contract with
any public or private institution or body for any special studies or
assistance it deems necessary, subject to the limitation that any
expenditure therefor shall be within the limits of the funds made
available to the commission by the respective governing authori-
ties;
(2) Any successor government created and established shall,
without the necessity or formality of deed, bill of sale, or other
instrument of transfer, be and become the owner of all property,
assets, and rights previously belonging to the City of Tifton and
3598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tift County and any authorities or special services districts
merged into the new government; and
(3) The charter commission shall develop a budget for the
first year of operation of the new county-wide government that
shall not exceed the sum total of the budget of the City of Tifton
for its last full fiscal year prior to the date of the call for the
referendum on such charter as herein provided and the budget of
Tift County for its last full fiscal year prior to the date of the call
for the referendum on such charter as herein provided plus the
amount of 10 percent of the total of those budgets as an allowance
for the increased costs of goods and services due to inflation. A
copy of such budget shall be attached to and incorporated in the
proposed charter. Expenditures made by the new government
during its first fiscal year which exceed the limitation provided for
in this paragraph shall be unlawful.
(d) The charter commission shall have all the powers of the
superior courts to compel the attendance of witnesses before the
commission and any of its committees, subcommittees, or advisory
committees, to compel witnesses to testify thereat, and to subpoena of
any person or entity all such books, records, data, papers, documents,
and other tangible items which may be deemed by the commission to
be material to any question or issue deemed by it to be relevant to the
duties or prerogatives imposed upon or granted to the commission by
this Act. Such subpoenas shall be issued in the name of the commis-
sion, shall be signed by either the chairman or the secretary of the
commission, and shall be served in the manner provided by law for
the service of subpoenas in civil cases pending in the superior courts.
Witnesses subject to such subpoenas shall be entitled to the same
compensation as witnesses attending superior court which compensa-
tion shall be collected in the same manner as that of witnesses in the
superior courts except that such compensation shall be paid from
funds of the commission. Should any such subpoenaed person or
witness fail or refuse to answer questions propounded or fail or refuse
to produce any books, records, data, papers, documents, or other
tangible items required to be produced by the commission, except
upon a legal excuse which would relieve such person of such obliga-
tion in a civil case pending in the superior court, the person so failing
or refusing shall be guilty of contempt and may be cited by the
commission to appear before a judge of the Superior Court of Tift
County. The judge of said court shall have the same power and
jurisdiction to punish the person cited for contempt and to require
GEORGIA LAWS 1983 SESSION
3599
and compel the attendance, the giving of testimony, or the production
of items as in cases of contempt committed in the presence of the
court and as in cases pending before the court.
(e) Notwithstanding any other provisions of this Act the charter
commission and the charter proposed by the commission and subse-
quently adopted may not:
(1) Alter or affect the status of the Tift County School
District and the Tift County Board of Education or any provision
by which such named agency is authorized or preserved or to
transfer any of its powers, duties, or obligations;
(2) Impair or diminish any pension or retirement rights
existing at the time of the ratification of the amendment authoriz-
ing this legislation;
(3) Abolish the office of sheriff;
(4) Affect the status of any incorporated municipality
located within Tift County other than the City of Tifton or the
status or relationship that such other incorporated municipalities
bear to Tift County and the City of Tifton. All such relationships
which existed with such other incorporated municipalities prior to
the adoption of the charter shall continue to the same extent with
any newly created county-wide governing authority that may be
created by such charter. It is specifically provided, however, that
this limitation shall not be construed to act as a limitation on the
authority of the General Assembly to enact any law relating to
such other incorporated municipalities which it had the authority
to enact prior to the adoption of this Act; or
(5) Impair or diminish any homestead or other exemptions
from taxation now or hereafter existing under the Constitution of
the State of Georgia.
(f) Neither this Act nor any charter which may be adopted
pursuant to this Act shall be construed to limit or remove the existing
power of the General Assembly to abolish or modify any municipality
in Tift County. None of the foregoing limitations shall be construed
as prohibiting the General Assembly from exercising any legislative
power with respect to the school district, board of education, office of
sheriff, pension rights, incorporated municipalities, and homestead
exemptions which existed prior to the adoption of this Act.
3600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) The powers herein granted to the charter commission by the
General Assembly are remedial in nature and shall be liberally
construed to effectuate their purpose.
Section 7. The charter commission shall be required to hold at
least three public hearings to determine the sentiment of the citizens
of the City of Tifton and Tift County regarding the work of the
charter commission. The charter commission shall cause the date,
time, and place of such hearings to be advertised in the official organ
of Tift County once a week for the two weeks immediately preceding
the week during which the public hearings are held. The charter
commission is authorized to hold more than three public hearings if it
determines that additional public hearings are desirable.
Section 8. (a) The charter commission shall complete its studies
and shall prepare, complete, and file the charter within 12 months
after the date of its initial meeting; provided, however, the above-
described time period may be extended for such additional periods of
time as may be authorized by a resolution duly adopted by the
governing authority of the City of Tifton and by a similar resolution
being duly adopted by the governing authority of Tift County and
may also be extended by an Act of the General Assembly and shall be
automatically extended for a period of time equal to the period of
time that any proposed charter shall be under consideration by the
United States Department of Justice or by any federal court or courts.
(b) Certified copies of the charter shall be filed by the charter
commission with the clerks of the governing authorities of the City of
Tifton and Tift County and shall be authenticated by the signature of
the chairman of the charter commission. Such copies shall be public
records and shall be available for inspection or examination by any
interested person.
(c) The charter commission shall also make available a copy of
the charter to every daily or weekly newspaper published in Tift
County and to each radio station operating within the county. The
commission shall take such other steps, within the limitation of its
available funds, as it deems reasonable and appropriate to inform the
public throughout the county of the contents of the proposed charter.
The charter commission shall also cause summaries of the proposed
charter to be printed in pamphlets or booklets and made available for
general distribution throughout the county.
GEORGIA LAWS 1983 SESSION
3601
(d) The charter commission is authorized to adopt such rules
and regulations as it deems necessary or desirable to carry out its
powers and perform its duties and functions.
(e) Following the completion of the proposed charter by the
charter commission and prior to the time of filing or submission
thereof as herein provided, the same shall be presented for review by
the United States Department of Justice as may be required by law.
The failure of any proposed charter submitted by the charter com-
mission to the Department of Justice to obtain approval by the
Department of Justice shall not prevent the charter commission from
revising said charter in a manner so as to enable the proposed charter
to meet Department of Justice objections with respect thereto and
the charter commission is empowered to redraft any such proposed
charter in such manner so as to meet requirements for United States
Department of Justices approval in the event that any initial pro-
posed charter fails to obtain Department of Justice approval.
Section 9. (a) A certified copy of the proposed charter shall be
submitted by the commission to the Tift County Board of Elections;
and it shall be the duty of that board to call and hold a special
referendum election for ratification or rejection of the proposed
charter as provided in Section 10.
(b) The charter commission shall be abolished by operation of
law on midnight of the day the special referendum election on the
proposed charter is held.
Section 10. (a) Not less than 30 days nor more than 60 days
after receipt of the certified copy of the proposed charter and after
receipt of approval by the Department of Justice of such proposed
charter, it shall be the duty of the Tift County Board of Elections to
call a special election for approval or rejection of the proposed
charter. The board shall set the date of the election for a day not less
than 30 days nor more than 60 days after the issuance of the call. The
board shall cause the date and purpose of the election to be published
once a week for two calendar weeks immediately preceding the date
thereof in the official organ of Tift County. The ballot shall have
written or printed thereon the following:
3602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
( ) YES Shall the charter consolidating the
( ) NO governments of the City of Tifton
and Tift County and creating a single
county-wide government to super-
sede and replace those governments
be approved?
(b) All persons desiring to vote for approval of the charter shall
vote YES, and those persons desiring to vote for rejection of the
charter shall vote NO. The votes cast on such question by the
qualified voters of Tift County residing within the corporate limits of
the City of Tifton and the votes cast on such question by the qualified
voters of Tift County residing outside the corporate limits of the City
of Tifton shall be counted separately. If more than one-half of the
votes cast by the qualified voters of Tift County residing within the
corporate limits of the City of Tifton are for approval of the charter
and if more than one-half of the total votes cast by all the qualified
voters of Tift County are for approval of the charter, then the charter
shall become effective. Otherwise, it shall be void and of no force and
effect. The expense of such election shall be borne equally by the City
of Tifton and Tift County.
(c) The special election shall be conducted pursuant to the
Georgia Election Code, except to the extent specifically provided
otherwise by this Act.
(d) A qualified voter, as used herein, shall mean a voter of Tift
County qualified to vote for members of the General Assembly of
Georgia. The board shall certify the returns to the Secretary of State.
The board shall also furnish a certified copy of the charter to the
Secretary of State. The Secretary of State shall issue his proclama-
tion showing and declaring the result of the election on the approval
or rejection of the charter. One copy of the proclamation shall be
attached to the copy of the charter certified to the Secretary of State.
One copy of the proclamation shall be delivered to the clerk of the
governing authority of the City of Tifton who shall attach the same to
the copy of the charter previously certified to him. One copy of the
proclamation shall be delivered to the clerk of the governing author-
ity of Tift County who shall attach the same to the copy of the charter
previously certified to him.
GEORGIA LAWS 1983 SESSION
3603
(e) Whenever a charter for the consolidation of the governments
of the City of Tifton and Tift County has been accepted, the above-
certified copies thereof, with the proclamation of the Secretary of
State of Georgia attached thereto, shall be deemed duplicate original
copies of the charter of the consolidated government for all purposes.
The certified copy of the charter and proclamation deposited with the
clerk of the governing authority of the City of Tifton and the certified
copy of the charter and proclamation deposited with the clerk of the
governing authority of Tift County shall subsequently be delivered by
them to the successor government. The successor government may
issue certified copies of the charter and any copy so certified shall be
deemed a duplicate original copy of the charter of the consolidated
government for all purposes. The Secretary of State is authorized to
issue certified copies of the charter on file with him, and copies so
certified by him shall be deemed duplicate original copies of the
charter of the consolidated government for all purposes.
Section 11. In the event the proposed single county-wide
government charter is approved by voters as provided in Section 10,
an election shall be held in accordance with the provisions of the
charter to elect the members of the governing authority of the county-
wide government. Upon the election of the members of the governing
authority and their taking office as the governing authority of the
county-wide government, the existing governments of the City of
Tifton and Tift County shall stand abolished, all in accordance with
the provisions of the charter of the new county-wide government.
Section 12. In the event any section, subsection, sentence,
clause, or phrase of this Act shall be declared or adjudged invalid or
unconstitutional, such adjudication shall in no manner affect the
other sections, subsections, sentences, clauses, or phrases of this Act,
which shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it
had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 13. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 14. All laws and parts of laws in conflict with this Act
are repealed.
3604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to create the Tifton-
Tift County charter commission to study all matters relating to the
governments of the City of Tifton and Tift County and to study all
matters relating thereto and to draft a proposed charter creating a
single county-wide government to supersede and replace the existing
governments of the City of Tifton and Tift County; to provide for the
composition, powers, duties, and other matters relating to said com-
mission; and for other purposes.
This 10th day of January, 1983.
/s/ Honorable Henry Bostick
Representative,
138th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Henry Bostick, who, on oath, deposes
and says that he is Representative from the 138th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Tifton Gazette which is the official organ of
Tift County, on the following dates: January 15,22,29,1983.
/s/ Henry Bostick
Representative,
138th District
GEORGIA LAWS 1983 SESSION
3605
Sworn to and subscribed before me,
this 3rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 10, 1983.
THOMAS COUNTY COMMISSIONERS ^ELECTION
DISTRICTS.
No. 27 (House Bill No. 762).
AN ACT
To amend an Act creating a board of commissioners of Thomas
County, approved December 21, 1898 (Ga. L. 1898, p. 378), as
amended, particularly by an Act approved August 17, 1911 (Ga. L.
1911, p. 501) and an Act approved August 18, 1917 (Ga. L. 1917, p.
394), so as to provide for the election of members of the board and for
the districts from which they shall be elected; to provide for all related
matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Thomas
County, approved December 21, 1898 (Ga. L. 1898, p. 378), as
amended, particularly by an Act approved August 17, 1911 (Ga. L.
1911, p. 501) and an Act approved August 18, 1917 (Ga. L. 1917, p.
394), is amended by repealing in its entirety said amendatory Act of
1917.
3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Section 1,
relating to election of the members of the board and inserting in its
place a new Section 1 to read as follows:
Section 1. (a) There shall be a board of commissioners of
Thomas County which shall consist of eight members.
(b) Each member of the board shall be a resident of the commis-
sioner district he represents and shall be elected by only the voters of
the district he represents. Vacancies shall be filled by the remaining
commissioners appointing a resident of the vacant district to serve
until the next general election at which general election a successor to
fill the unexpired term shall be elected.
(c) The terms of the commissioners in office on the effective date
of this section shall expire as provided in this subsection. The terms
of the commissioners representing Commissioner Districts No. 1,3,5,
and 7 shall expire on December 31, 1986; and the terms of the
commissioners representing Commissioner Districts No. 2,4,6, and 8
shall expire December 31,1984. A successor to each such member and
future successors shall be elected at the general election next preced-
ing the expiration of a term of office. The terms of all members shall
be for four years beginning on the first day of January next following
their election.
(d) For purposes of electing members of the board of commis-
sioners, Thomas County is described into eight commissioner dis-
tricts each of which shall consist of the territory within the following
bounds:
Commissioner District No. 1. Beginning at a point where
the Seaboard Coast Line right of way intersects the city limits line
of the City of Thomasville in Land Lot 121 of the 18th District of
Thomas County; and thence run easterly along the right of way of
said railway to a point where the said right of way intersects
Madison Street; thence run northwesterly along Madison Street
to West Monroe Street; thence run northeasterly along Monroe
Street to a point where it intersects with Mitchell Road; thence
run northwesterly along Mitchell Road to a point where it inter-
sects Walcott Street; thence run westerly along Walcott Street to
a point where it intersects Dawson Street; thence run northerly
along Dawson Street to a point where it intersects Vine Street;
thence run westerly along Vine Street to a point where it intersects
GEORGIA LAWS 1983 SESSION
3607
the Seaboard Coast Line Railway right of way; thence run north-
erly along the Seaboard Coast Line right of way to a point where it
intersects the city limits line of the city of Thomasville; thence
meandering west and south along the city limits and to a point
where it intersects the Seaboard Coast Line right of way at the
point of beginning.
Commissioner District No. 2. Beginning at a point where
the Seaboard Coast Line right of way intersects the city limits line
of the city of Thomasville in Land Lot 121 of the 18th Land
District of Thomas County; and thence run easterly along the
margin of the right of way of the said railway to a point where it
intersects Broad Street; thence run southerly along Broad Street
to the intersection of South Street; thence run southerly along
South Street to Augusta Avenue; thence run westerly along
Augusta Avenue to Magnolia Street; thence run southerly along
Magnolia Street to the city limits of the City of Thomasville,
thence meandering westerly and northerly along the city limits of
the City of Thomasville to the point of beginning.
Commissioner District No. 3. Beginning at a point where
the County Line Road intersects the city limits line of the City of
Thomasville; thence run northerly along the County Line Road to
the Ochlocknee River; thence continuing northerly along the
Ochlocknee River northerly to the Colquitt County Line; thence
meandering along the Colquitt County Line westerly and north-
erly to the Mitchell County Line; thence run westerly along the
Mitchell County Line to Grady County Line; thence run southerly
along the Grady County Line to the Ochlocknee River; thence run
northeasterly along the Ochlocknee River to the Seaboard Coast
Line right of way; thence run easterly along the Seaboard Coast
Line right of way until it intersects the city limits line of the City
of Thomasville; thence meandering along the city limits of the
City of Thomasville northerly and easterly to the point of begin-
ning.
Commissioner District No. 4. Beginning where the County
Line Road intersects the City of Thomasville city limits line and
thence meandering along the city limits line of the City of
Thomasville easterly to the Thomasville-Moultrie public road;
run thence northerly along the Thomasville-Moultrie public road
to the St. Paul public road; run easterly along the St. Paul public
road to the Dillon-Merrillville public road; thence run southerly
3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
along the Dillon-Merrillville public road to the Lawhorne Road;
thence run easterly along the Lawhorne Road to the Thomasville-
Pavo public road; thence run northerly along the Thomasville-
Pavo public road northeasterly to the Pope Road; thence run
easterly along the Pope Road to Brooks County Line; thence run
northerly along the Brooks County Line to Colquitt County Line;
thence run westerly along the Colquitt County Line to the
Ochlocknee River; thence run southerly along the Ochlocknee
River to the County Line Road; thence run southerly along the
County Line Road to the point of beginning.
Commissioner District No. 5. Beginning at a point where
highway U.S. 19 intersects the Florida State Line; thence run
northerly along highway U.S. 19 until it intersects Sunset Drive;
thence run easterly along Sunset Drive until it intersects the
County Farm Road; thence run along the County Farm Road
northerly until it intersects highway U.S. 84; thence run along
highway U.S. 84 easterly until it intersects Hobbs Road; thence
run northerly along Hobbs Road until it intersects the
Thomasville-Pavo Road; thence run easterly along the
Thomasville-Pavo Road until it intersects the Pope Road; thence
run easterly along the Pope Road until it intersects the Brooks
County Line; thence run southerly along the Brooks County Line
to the State of Florida Line; thence run west along the line of the
State of Florida to the point of beginning.
Commissioner District No. 6. Beginning at a point at the
intersection of Remington Avenue and Madison Street and run
thence on Madison Street northwesterly to Monroe Street; thence
run easterly along Monroe Street to Mitchell Road; thence run
northerly along Mitchell Road to Walcott Street; thence run
westerly along Walcott Street to Dawson Street; thence run
northerly along Dawson Street to Vine Street; thence run westerly
along Vine Street to Seaboard Coast Line right of way; thence run
northerly along Seaboard Coast Line right of way to the city limits
line of the City of Thomasville; thence meandering along the city
limits line easterly crossing and meandering back to new U.S. 19
highway and running to the point where the city limits line and
the new Highway U.S. 19 meet; thence southerly along new
Highway U.S. 19 to Seaboard Coast Line right of way to Pinetree
Boulevard; thence run westerly along said Pinetree Boulevard to
Smith Avenue; thence run west along Smith Avenue to Susieway
Street; thence run northerly on Susieway Street to Reid Street;
GEORGIA LAWS 1983 SESSION
3609
thence run westerly on Reid Street to Remington Avenue; thence
run westerly on Remington Avenue to Madison Street and to the
point of beginning.
Commissioner District No. 7. Beginning at a point where
highway U.S. 19 intersects with the Florida State Line and run
thence northerly along Highway U.S. 19 to the Old Monticello
Road; thence continuing northerly along the Old Monticello Road
to Blackshear Street; thence run northerly along Blackshear
Street to the Seaboard Coast Line right of way; thence run along
the Seaboard Coast Line right of way westerly to Broad Street;
thence run southerly along Broad Street to South Street; thence
run southerly along South Street to Augusta Avenue; thence run
west along Augusta Avenue to Magnolia Street; thence run south-
erly along Magnolia Street to the city limit line of the City of
Thomasville; thence meandering along the city limit line of the
City of Thomasville generally westward to Seaboard Coast Line
right of way; thence run westerly along Seaboard Coast Line right
of way to the Ochlocknee River; thence run south westerly along
the Ochlocknee River to the Grady County Line; thence southerly
along the Grady County Line to the Florida State Line; thence run
easterly along the Florida State Line to highway U.S. 19 and to the
point of beginning.
Commissioner District No. 8. Beginning at a point where
the Lawhorne Road intersects the Thomasville-Pavo public road
and run thence westerly along the Lawhorne Road to its inter-
section with the Dillon-Merrillville Road; thence run northerly
along the Dillon-Merrillville Road to the St. Paul Road; thence
run westerly along the St. Paul Road to its intersection with the
Thomasville-Moultrie Road; thence run southwesterly along the
Thomasville-Moultrie Road to the city limits of the City of
Thomasville; thence meandering along the city limits line easterly
crossing and meandering back to new Highway U. S. 19 and
running to the point where the city limits line and new Highway
U. S. 19 meet; thence run southerly along new Highway U. S. 19
to the Seaboard Coast Line right of way; thence run northwesterly
along the Seaboard Coast Line right of way to Pinetree Boulevard;
thence run northerly along Pinetree Boulevard to Smith Avenue;
thence run westerly along Smith Avenue to Susieway Street;
thence run northerly along Susieway Street to Reid Street; thence
run westerly along Reid Street to Remington Avenue; thence run
westerly along Remington Avenue to Madison Street; thence run
3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
along Madison Street southerly to Seaboard Coast Line right of
way; thence run along the Seaboard Coast Line right of way
easterly to Blackshear Street; thence run along Blackshear Street
southerly to the Old Monticello Road; thence run southeasterly
along the Old Monticello Road to Sunset Drive; thence run along
Sunset Drive easterly to the County Farm Road; thence run
northerly along the County Farm Road to the Thomasville-
Quitman Road; thence run easterly along the Thomasville-
Quitman Road to the Hobbs Road; thence run northerly along the
Hobbs Road to the Thomasville-Pavo Road; thence run north-
easterly along the Thomasville-Pavo Road to the Lawhorne Road
to the point of beginning.
(e) If any part of Thomas County is not included within the
description of any commissioner district, such part shall be included
within the adjacent commissioner district which includes the least
population according to the United States decennial census of 1980.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Local Legislation.
Notice is hereby given that there will be introduced in the 1983
Regular Session of the General Assembly a bill to divide Thomas
County into wards and/or districts for election purposes.
This the 1st day of February, 1983.
John Bulloch
Thomas County Board
of Commissioners
GEORGIA LAWS 1983 SESSION
3611
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Allen Sherrod, who, on oath, deposes
and says that he is Representative from the 143rd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Thomasville Times Enterprise which is the
official organ of Thomas County, on the following dates: February 4,
11,18,1983.
/s/ Allen Sherrod
Representative,
143rd District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 10, 1983.
MURRAY COUNTY NEW BOARD OF EDUCATION
REFERENDUM.
No. 28 (House Bill No. 76).
AN ACT
To provide for a new board of education of Murray County; to
provide for the election of the members of said board of education; to
3612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for education districts; to provide for filling vacancies; to
provide for the compensation of the members of the board; to provide
for other matters relative to the foregoing; to provide for a referen-
dum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Board of Education of Murray County shall be
composed of five members who shall be elected as hereinafter pro-
vided in this Act.
Section 2. (a) For the purpose of electing the members of said
board of education, the Murray County school district shall be
divided into five education districts as follows:
Education District No. 1
Murray
Tract 9901
Block Groups 1 and 2
Blocks 304 through 306, 308 through
323, 327 through 347, 407, 408,
and 506
Tract 9903
Blocks 101 through 118, 140, 141,
145, and 148 through 150
Education District No. 2
Murray
Tract 9901
Blocks 324 through 326, 401
through 406, 409 through 429,
501 through 505, and 507
through 524
Tract 9902
Blocks 201 through 208, 301,
and 314 through 316
Tract 9903
Blocks 119 through 128, 130
through 139, 151 through 155,
301 through 303, and 305
GEORGIA LAWS 1983 SESSION
3613
Education District No. 3
Murray
Tract 9902
Blocks 302 through 313
and 401 through 426
Tract 9903
Blocks 156 through 159, 166
through 171, 174 through 176,
304, 306 through 309, and 311
through 323
Education District No. 4
Murray
Tract 9903
Blocks 160 through 165, 172,
173, 178, 179, 183, 201, 202,
and 204 through 209
Tract 9904
Blocks 101 through 132
Block Groups 2 and 3
Education District No. 5
Murray
The Murray County school district
in its entirety.
(b) As used in the description of education districts 1 through 4
of subsection (a) of this section, the terms Tract, Block Group,
and Block shall mean and describe the same geographical bound-
aries 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 Murray. Any part of the Murray County school district
which is not included in education districts 1 through 4 shall be
included within that district 1 through 4 contiguous to such part
which contains the least population according to the 1980 decennial
census.
(c) Each member of the board of education shall be a resident of
the respective education district during the members term of office,
and a candidate for membership on said board shall have been a
3614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
resident of the education district for which the candidate offers for
election at least one year prior to the date of election. If, during a
term of office, a member removes his or her place of residence from
the education district which the member represents, a vacancy shall
thereby be created, which shall be filled in the manner prescribed by
Section 4 of this Act. 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 at large within the Murray County
school district. Except for the special election provided for in
subsection (b) of Section 3 of this Act, and except for a special
election to fill a vacancy as provided by Section 4 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.
Section 3. (a) The three members of the heretofore existing
board of education of Murray County who were elected at the 1982
general election and who took office on January 1,1983, for terms of
six years shall continue to serve until January 1,1987, and the term of
each such member is shortened to expire on December 31, 1986.
Effective January 1,1985, such members shall be the members of the
board of education provided for by this Act from education districts 1,
3, and 5 as hereinafter provided. One such member, Mr. Mickey
Jones, shall be the member from Education District 1; one such
member, Mr. Maynard Young, shall be the member from Education
District 3, and the other such member, Ms. Peggy Dunn, shall be the
member from Education District 5. The successors to such members
from education districts 1,3, and 5 shall be elected at the 1986 general
election and shall take office on January 1, 1987, 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 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 first members of the board of education provided for by
this Act from education districts 2 and 4 shall be elected at a special
election which shall be held on the same date as the general election of
1984. 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.
The members elected at such special election shall take office on the
GEORGIA LAWS 1983 SESSION
3615
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 their election
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) On and after January 1, 1985, the Board of Education of
Murray County shall be constituted as provided for by this Act, and
on that date the heretofore existing Board of Education of Murray
County shall stand abolished.
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 appointing a qualified person to serve for the unexpired term,
unless the unexpired term exceeds 28 calendar months, in which
event, the board shall appoint a qualified person to serve until a
successor is elected to serve for the unexpired term as hereinafter
provided. When the unexpired term exceeds 28 calendar months, a
special election shall be held on the same date as the next succeeding
general election to elect a successor for the unexpired term. Any such
special election shall be called, 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.
Section 5. Each member of the board shall be compensated in
the amount of $100.00 per month payable from the funds of the board
of education.
Section 6. The Board of Education of Murray County provided
for by this Act shall be subject to all constitutional and statutory
provisions of laws of this state relative to county boards of education
and the members thereof, except as otherwise provided by this Act.
Section 7. It shall be the duty of the election superintendent of
Murray County to issue the call for an election for the purpose of
submitting this Act to the electors of the Murray 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 1984. 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
3616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
published once a week for two weeks immediately preceding the date
thereof in the official organ of Murray County. The ballot shall have
written or printed thereon the words:
( ) YES Shall the Act providing for a new
( ) NO five-member Board of Education of
Murray County and providing for
the election of the members of said
board be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Murray County. It
shall be the duty of the superintendent to hold and conduct such
election and 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 1983
session of the General Assembly of Georgia, a bill to provide for a new
board of education of Murray County; to provide for matters relative
thereto; to provide for a referendum; and for other purposes.
This 14 day of Dec., 1982.
Tom Ramsey
Representative,
3rd District
GEORGIA LAWS 1983 SESSION
3617
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Ramsey, who, on oath, deposes
and says that he is Representative from the 3rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in The Chatsworth Times which is the official organ of
Murray County, on the following dates: December 22, 29, 1982 and
January 5,1983.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 10th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CLAYTON COUNTY COMMISSIONER DISTRICTS
REAPPORTIONED.
Georgia Laws 1955, Page 2064 Amended.
No. 29 (House Bill No. 351).
AN ACT
To amend an Act creating the board of commissioners of Clayton
County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as
3618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved March 25, 1974 (Ga. L.
1974, p. 3308), so as to reapportion the commissioner districts; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of
Clayton County, approved February 8,1955 (Ga. L. 1955, p. 2064), as
amended, particularly by an Act approved March 25, 1974 (Ga. L.
1974, p. 3308), is amended by striking Section 2 in its entirety and
substituting in lieu thereof a new Section 2 to read as follows:
Section 2. Board of commissioners. The board of commissioners
of Clayton County shall consist of five members. The chairman and
the other four members of the board shall be elected by the qualified
voters of the entire county. To be elected as a member of the board, a
candidate must receive the highest number of votes cast and, at the
same time, he must receive a majority of the total votes cast. The
term of office of the chairman shall be four years and until his
successor is duly elected and qualified. The other four members of
the board shall be elected tor terms of office as hereinafter provided.
Vacancies on the board shall be filled for the unexpired term.
Section 2. Said Act is further amended by striking Section 2A in
its entirety and substituting in lieu thereof a new Section 2A to read
as follows:
Section 2A. Commissioner districts and posts. For the purpose
of electing members of the board other than the chairman, Clayton
County is divided into two commissioner districts to be known as
Commissioner Districts A and B and described as follows:
Commissioner District A
Clayton
Tracts 404.03, 404.05, 404.06,
405.02, 405.03, 405.06, and
406.03 through 406.08
GEORGIA LAWS 1983 SESSION
3619
Commissioner District B
Clayton
Tracts 401, 402, 403.01 through
403.05, 404.01, 404.02, 405.04,
and 405.05
Each commissioner district shall contain two post positions. The
post positions shall be numbered Posts One and Two in each district.
Beginning January 1,1977, the terms of office of the members of the
board assuming office to represent Post One in Commissioner Dis-
tricts A and B shall be two years, and the members assuming office to
represent Post Two in Commissioner Districts A and B shall be four
years. Thereafter, the terms of office of all members of the board
shall be four years each and until their successors are duly elected and
qualified. In all elections, each candidate other than the chairman
shall designate at the time of qualifying the commissioner district and
post for which he is offering as a candidate. Each candidate other
than the chairman shall also certify at the time of qualifying that he is
a bona fide resident of the commissioner district from which he is
offering as a candidate.
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 1983
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. L. 1955, p. 2064), as amended; and for other
purposes.
This 6th day of January, 1983.
3620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Jimmy Benefield
Chairman, Clayton
County Legislation
Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy W. Benefield, who, on oath,
deposes and says that he is Representative from the 72nd 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 11,
18,25,1983.
/s/ Jimmy W. Benefield
Representative,
72nd District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14,1983.
GEORGIA LAWS 1983 SESSION
3621
BIBB COUNTY AUTHORIZATION TO DISPOSE
OF PROPERTY.
No. 30 (House Bill No. 364).
AN ACT
To amend an Act establishing the board of commissioners of Bibb
County, approved February 6,1873 (Ga. L. 1873, p. 219), as amended,
so as to authorize the governing authority of Bibb County to dispose
of certain property within the Lake Tobesofkee Recreation Area for
the purpose of developing, operating, and maintaining hydroelectric
generation and related facilities; to provide for matters relative to the
foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the board of commissioners of
Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as
amended, is amended by adding after Section 8 and before Section 9 a
new Section 8A to read as follows:
Section 8A. (a) The governing authority of Bibb County is
authorized and empowered to rent, lease, sell the fee simple title, or
otherwise dispose of so much of the Lake Tobesofkee Recreation Area
as it shall in its discretion determine to be reasonably necessary to
permit the construction, maintenance, repair, and operation of
hydroelectric power generation and related facilities within the Lake
Tobesofkee Recreation Area and to do so upon such terms as its
governing authority may in its discretion determine to be proper. In
furtherance of the powers granted in this section, said county may
grant easements and other rights in property by contract with any
person, firm, or corporation for any period of time for such purposes.
(b) The governing authority of Bibb County is further autho-
rized and empowered to develop for its own account hydroelectric
generation and related facilities in the Lake Tobesofkee Recreation
Area and to provide for such development, maintenance, operation,
and repair thereof in concert with any other person, firm, or corpora-
tion and to do such things as the governing authority shall in its
discretion determine to be necessary or convenient to the accomplish-
ment of the purposes hereof.
3622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Georgia, Bibb County
Legal Notice.
Please be advised that Bibb County, Georgia, will apply to the
1983 Session of the General Assembly of Georgia for the passage of
the following legislation, to-wit: A Bill to be Entitled An Act to
Amend an Act approved February 6, 1873 appearing on Page 219 et
seq. of the published Acts of the General Assembly of Georgia for
1873, entitled An Act to Establish a County Board of Commissioners
For the County of Bibb; To Define its Duties And for Other Purposes
Therein Named as said Act has subsequently been amended; to
authorize the County of Bibb to sell, lease, or otherwise deal with and
dispose of such portions and parts of the property owned by it and
lying within the Tobesofkee recreation area for the purpose of devel-
oping hydroelectric generation and related facilities upon such terms
as its governing authority may in its discretion determine to be
proper; to develop, operate and maintain such facilities either alone
or in association with another or other person, firm or corporation; to
provide for other matters in relation thereto; to repeal conflicting
laws; and for other purposes.
Notice is further given that said Act including the proposed title
thereof may be amended by any amendment germane thereto.
This 21st day of December, 1982.
Bibb County
By: E. S. Sell, Jr.
County Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Frank Horne, Jr., who, on oath,
deposes and says that he is Representative from the 103rd District,
and that the attached copy of Notice of Intention to Introduce Local
GEORGIA LAWS 1983 SESSION
3623
Legislation was published in the Macon News which is the official
organ of Bibb County, on the following dates: December 30, 1982,
January 7,14,1983.
/s/ Frank Horne, Jr.
Representative,
103rd District
Sworn to and subscribed before me,
this 2nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF FOREST PARK MAYOR AND
COUNCIL TERMS OF OFFICE.
No. 31 (House Bill No. 415).
AN ACT
To amend an Act reincorporating the City of Forest Park in
Clayton County and creating a new charter for said city, approved
April 19,1973 (Ga. L. 1973, p. 3701), as amended by an Act approved
March 16, 1981 (Ga. L. 1981, p. 3117), so as to change the terms of
office of the mayor and members of the council; to repeal conflicting
laws; and for other purposes.
3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Forest Park in
Clayton County and creating a new charter for said city, approved
April 19,1973 (Ga. L. 1973, p. 3701), as amended by an Act approved
March 16,1981 (Ga. L. 1981, p. 3117), is amended by striking Section
2.05 in its entirety and substituting in lieu thereof a new Section 2.05
to read as follows:
Section 2.05. Election of mayor and councilmen. (a) Those
persons presently elected to office shall continue to serve until their
successors are duly elected and qualified as provided by law.
(b) On the last Saturday in October, 1983, a general election
shall be held for mayor and the three councilmen (Wards 1, 2, and 5)
whose terms of office are expiring, said term of office shall be for a
special three-year term. Commencing on the last Saturday in Octo-
ber, 1986, and on said date every four years thereafter, a general
election shall be held for mayor and the three councilmen (Wards 1,2,
and 5) whose terms of office are expiring. On the last Saturday in
October, 1984, and on said date every four years thereafter, a general
election shall be held for four councilmen (Wards 3, 4, and 6, and
councilman at large) whose terms of office are expiring. Candidates
who receive a majority of votes cast in an election shall be elected to a
term of office for four years and until their successors are duly elected
and qualified. In the event no candidate for a designated office
receives a majority of the votes cast in said election, a run-off election
shall be held between the two candidates receiving the highest
number of votes. Such runoff shall be held on the fourteenth day
after the holding of the election.
Section 2. Said Act is further amended by striking Section 2.06
in its entirety and substituting in lieu thereof a new Section 2.06 to
read as follows:
Section 2.06. Terms of office. The terms of office for the city
council shall begin on the first Monday in January following said
election and shall continue for four years and until their successors
are elected and qualified.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
3625
Legal Notice.
Citizens of Forest Park, Clayton County, Georgia, and other
interested parties:
You are hereby notified that the Mayor and Council of the City of
Forest Park, Clayton County, Georgia, have passed a resolution
requesting that local legislation be passed by the General Assembly of
the State of Georgia whereby Section 2.05 and Sections 2.06 of the
Charter of the City of Forest Park shall be amended to increase the
term of office for the Mayor and City Council from the present two (2)
year term to a four (4) year term. Beginning with the election in 1983
of Mayor and three (3) Councilpersons for Wards 1, 2 and 5 whose
terms are expiring, said Mayor and Councilpersons for Wards 1,2 and
5 shall be elected to serve a special three (3) year term to expire in
1986, and for each successive term thereafter, said term of office for
Mayor and Councilpersons for Wards 1,2 and 5 shall be for a term of
four (4) years. Beginning with the municipal election in 1984 for
Councilpersons in Wards 3,4 and 6, and the office of Councilperson-
at-Large whose terms of office are expiring, and each successive term
thereafter, said term of office shall be for a period of four (4) years.
Said local legislation is scheduled to be introduced during the next
regular session of the General Assembly of the State of Georgia. The
notice of this intention to apply for said local legislation is given
pursuant to Article III, Section VII, Paragraph IX, of the Constitu-
tion of the State of Georgia.
Jerome Tomasello
Mayor,
Forest Park, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Benefield, who, on oath,
deposes and says that he is Representative from the 72nd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Clayton Daily News which is the
official organ of Clayton County, on the following dates: January 11,
18,25,1983.
3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Jimmy Benefield
Representative,
72nd District
Sworn to and subscribed before me,
this 3rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CLAYTON COUNTY ^ COMPENSATION OF
PROBATE JUDGE.
No. 33 (House Bill No. 488).
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
12, 1982 (Ga. L. 1982, p. 4476), 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
12,1982 (Ga. L. 1982, p. 4476), is amended by striking from Section 1
the following:
GEORGIA LAWS 1983 SESSION
3627
$29,305.00,
and inserting in lieu thereof the following:
$30,770.25,
so that when so amended Section 1 shall read as follows:
Section 1. The salary herein named for the judge of the probate
court shall be his full and complete compensation, and all fees or
other emoluments now allowed or hereafter allowed by any authority
of law, shall be county funds and accountable for as such. The salary
of said judge of the probate court shall be $30,770.25 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 1983
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, 1960 (Ga. L. 1960, p. 2068), as
amended; and for other purposes.
Honorable Jimmy Benefield
Chairman,
Clayton County
Legislative Delegation
3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy W. Benefield, who, on oath,
deposes and says that he is Representative from the 72nd 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 11,
18,25,1983.
/s/ Jimmy W. Benefield
Representative,
72nd District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CLAYTON COUNTY COMPENSATION OF CHAIRMAN
OF COUNTY COMMISSIONERS.
No. 34 (House Bill No. 489).
AN ACT
To amend an Act creating the board of commissioners of Clayton
County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as
GEORGIA LAWS 1983 SESSION
3629
amended, particularly by an Act approved April 12,1982 (Ga. L. 1982,
p. 4473), 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.
Be it enacted by the General Assembly of Georgia:
Section L 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 12,1982 (Ga. L. 1982,
p. 4473), is amended by striking from Section 7 the following:
$41,003.00 and $7,280.00, respectively,
and inserting in lieu thereof the following:
$43,053.15 and $7,644.00, respectively,
so that when so amended Section 7 shall read as follows:
Section 7. Compensation. The chairman of the board shall be
compensated in the amount of $43,053.15 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 $7,644.00 per annum to be paid in equal monthly
installments. Each of the other members of the board shall receive an
annual expense allowance of $2,400.00 per annum payable in equal
monthly installments. These payments shall be made from the funds
of Clayton County. The chairman of the board shall devote his entire
time to the duties of his office and shall be the administrative and
executive official of the board. All five members of the board,
however, shall have an equal vote in all matters pertaining to the
affairs of Clayton County, and the chairman shall carry out and
administer the policies set by the board. The chairman shall elect the
director of finance/comptroller, but the chairmans selection must be
confirmed by a majority vote of the entire board.
3630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
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. L. 1955, p. 2064), as amended; and for other
purposes.
This 6th day of January, 1983.
Honorable Jimmy Benefield
Chairman,
Clayton County
Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy W. Benefield, who, on oath,
deposes and says that he is Representative from the 72nd 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 11,
18,25,1983.
/s/ Jimmy W. Benefield
Representative,
72nd District
GEORGIA LAWS 1983 SESSION
3631
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CLAYTON COUNTY COMPENSATION OF TAX
COMMISSIONER AND DEPUTY COMMISSIONER.
No. 35 (House Bill No. 490).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Clayton County into the office of tax commissioner,
approved August 18,1925 (Ga. L. 1925, p. 600), as amended, particu-
larly by an Act approved April 12,1982 (Ga. L. 1982, p. 4471), so as to
change the provisions relative to the compensation of the tax commis-
sioner; to change the provisions relative to the compensation of the
deputy tax commissioner; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and
tax collector of Clayton County into the office of tax commissioner,
approved August 18,1925 (Ga. L. 1925, p. 600), as amended, particu-
larly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4471), is
amended by striking from subsection (b) of Section 7 the following:
3632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
$29,305.00,
and inserting in lieu thereof the following:
$30,770.25,
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 $30,770.25 which shall be paid in equal monthly
installments from the funds of Clayton County.
Section 2. Said Act is further amended by striking from subsec-
tion (b) of Section 7A the following:
$21,500.00,
and inserting in lieu thereof the following:
$22,575.00,
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 $22,575.00 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 approved.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
consolidating the offices of tax receiver and tax collector of Clayton
GEORGIA LAWS 1983 SESSION
3633
County into the office of tax commissioner, approved August 18,1925
(Ga. L. 1925, p. 600), as amended; and for other purposes.
This 6th day of January, 1983.
Honorable Jimmy Benefield
Chairman,
Clayton County
Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy W. Benefield, who, on oath,
deposes and says that he is Representative from the 72nd 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 11,
18,25,1983.
/s/ Jimmy W. Benefield
Representative,
72nd District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY COMPENSATION OF TAX
COMMISSIONER AND CHIEF CLERK.
No. 36 (Senate Bill No. 278).
AN ACT
To amend an Act consolidating the offices of tax collector and tax
receiver of Cobb County into the one office of tax commissioner of
Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as
amended, particularly by an Act approved April 9,1981 (Ga. L. 1981,
p. 4756), so as to change the provisions relating to the compensation
of the tax commissioner and his chief clerk; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax collector and
tax receiver of Cobb County into the one office of tax commissioner of
Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as
amended, particularly by an Act approved April 9,1981 (Ga. L. 1981,
p. 4756), 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 tax commissioner shall receive an annual salary of
$35,150.00, to be paid in equal monthly installments from county
funds. The tax commissioner shall be allowed one chief clerk whose
annual salary shall be $31,535.00, to be paid in equal monthly
installments from the funds in the county treasury. Any candidate
for the office of tax commissioner of Cobb County shall, on the date of
his qualifying for such office in either a primary or a general election,
certify to the judge of the Probate Court of Cobb County the name of
the person he shall appoint as his chief clerk in the event he is elected
to the office of tax commissioner of Cobb County; and the person so
named shall serve as the chief clerk during the term for which he was
so named. In the event of the death or removal from office of said
chief clerk, the tax commissioner of Cobb County shall have 30 days
from said date of death or removal from office of said chief clerk to
certify to the judge of the Probate Court of Cobb County the name of
the chief clerk to be appointed by him.
GEORGIA LAWS 1983 SESSION
3635
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
1983 session of the General Assembly of Georgia, a bill to amend an
Act consolidating the offices of tax collector and tax receiver of Cobb
County into the one office of tax commissioner, approved February
17, 1949 (Ga. Laws 1949, P. 790), as amended; to repeal conflicting
laws; and for other purposes.
This 31st day of Dec. 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carl Harrison who, on oath, deposes
3636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he is Senator from the 37th 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, 1982,
January 7,14,21,28,1983.
/s/ Carl Harrison
Senator,
37th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
COBB COUNTY COMPENSATION OF MEMBERS
OF BOARD OF EDUCATION.
No. 37 (Senate Bill No. 280).
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 particularly by an Act
approved April 6, 1981 (Ga. L. 1981, p. 4176), so as to change the
provisions relating to the compensation of the chairman and other
members of the board of education; to repeal conflicting laws; and for
other purposes.
GEORGIA LAWS 1983 SESSION
3637
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the boundaries of the seven educa-
tion districts of the Cobb County School District, approved March 28,
1974 (Ga. L. 1974, p. 3516), as amended particularly by an Act
approved April 6,1981 (Ga. L. 1981, p. 4176), is amended by striking
subsection (d) of Section 2 in its entirety and substituting in lieu
thereof a new subsection (d) to read as follows:
(d) Each member of the board of education of Cobb County,
except for the chairman, shall receive an annual salary of $6,600.00, to
be paid in equal monthly installments from the funds of the board of
education. The chairman shall receive an annual salary of $7,800.00,
to be paid in equal monthly installments from the funds of the board
of education.
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 1983
Session of the General Assembly of Georgia a bill to change education
districts of Cobb County; and for other purposes as provided (Acts
1966, p. 761, Georgia Code Annotated, Section 2-28802); as amended
Acts 1974, p. 3516.
3638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A. L. Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Joe Mack Wilson
George W. Darden
Steve Thompson
Terry Lawler
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carl Harrison who, on oath, deposes
and says that he is Senator from the 37th 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 28, 1982,
January 7,14,21,28,1983.
/s/ Carl Harrison
Senator,
37th District
Sworn to and subscribed before me,
this 15th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3639
CITY OF CRAWFORD TERMS OF MAYOR AND
COUNCIL.
No. 38 (Senate Bill No. 293).
AN ACT
To amend an Act entitled An Act to incorporate the city of
Crawford; to define its limits; to provide for its government; to define
its rights and liabilities; to provide for the issuance of bonds for school
and other municipal improvements, and for other purposes.,
approved July 26, 1910 (Ga. L. 1910, p. 497), as amended, so as to
change the terms of the mayor and councilmen; to provide for a
change in the elections; 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 entitled An Act to incorporate the city of
Crawford; to define its limits; to provide for its government; to define
its rights and liabilities; to provide for the issuance of bonds for school
and other municipal improvements, and for other purposes.,
approved July 26,1910 (Ga. L. 1910, p. 497), 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. Be it further enacted that the government of said
municipality shall be vested in a mayor and five councilmen, to be
known as the city council. No person shall be eligible to either office
unless such person is a qualified voter of the municipality and has
resided within the corporate limits for 12 months preceding the
election. The term of office for the mayor and each councilman shall
be for two years and until their successors are elected and qualified.
They shall take office on the first day of January immediately
following their election.
3640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Section 4 in
its entirety and inserting in lieu thereof a new Section 4 to read as
follows:
Section 4. Be it further enacted that on the second Tuesday in
December of 1983 and in each odd-numbered year thereafter an
election shall be held in said city for the mayor and councilmen for the
next two-year term. Said election shall be presided over by two
members of the city council, but if such officers do not appear at the
polling place, to fix by ordinance, free-holders of the city may act in
their place. The managers shall take an oath impartially to conduct
the election and to make true returns thereof. The returns shall be
made to the clerk of council, who shall declare the result.
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 be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
creating a new charter for the City of Crawford, approved July 26,
1910 (Ga. Laws P. 497) so as to change the term of the Mayor and
Council.
This first day of February, 1983.
J. J. Blanchard
Mayor, City of Crawford
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Sam P. McGill who, on oath, deposes
and says that he is Senator from the 24th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Oglethorpe Echo which is the official organ of
Oglethorpe County, on the following dates: February 3,10,17,1983.
GEORGIA LAWS 1983 SESSION
3641
/s/ Sam P. McGill
Senator,
24th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF ROME ADDITIONAL MEMBER OF BOARD
OF EDUCATION ELECTION OF MEMBERS, ETC.
No. 39 (Senate Bill No. 295).
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, particu-
larly by an Act approved March 2,1966 (Ga. L. 1966, p. 2815) and an
Act approved April 10,1971 (Ga. L. 1971, p. 3664), so as to provide
for an additional member of the board of education; to provide for
qualifications for election to the board of education; to provide for
filling vacancies; to provide for the election of all members of the
board of education; to provide for terms of office; to provide for other
matters relative to the foregoing; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
3642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating a new charter for the City of Rome,
approved August 19,1918 (Ga. L. 1918, p. 813), as amended, particu-
larly by an Act approved March 2,1966 (Ga. L. 1966, p. 2815) and an
Act approved April 10, 1971 (Ga. L. 1971, p. 3664), is amended by
striking in its entirety Section 84, which reads as follows:
Section 84. (a) Be it enacted by the authority aforesaid, that a
board of education to consist of six (6) members, be, and the same is
hereby established and that each of the three wards of said city shall
have two members of the board of education. The members of said
board at the time of and during their continuance in office, shall be
bona fide residents and citizens of said City of Rome and the ward
from which they are elected, and must also at the time of their
qualification for election have been a registered voter and elector of
the City of Rome at least ninety (90) days prior to their qualification
for election. Vacancy or vacancies in said board of education caused
by death, resignation, removal, disqualification, or otherwise, shall be
filled by a majority vote of the remaining members of said board.
(b) Be it further enacted by authority aforesaid, that for the
purpose of the election of the members of the board of education, each
ward of the City of Rome shall be divided for said election into post
no. 1 and post no. 2. A candidate for election shall qualify and be a
candidate for either post no. 1 or post no. 2, as designated by said
candidate upon his qualification as a candidate.
(c) Be it further enacted by authority aforesaid, that the election
of all the members of the board of education of the City of Rome shall
be by a majority of the consolidated votes of the entire city.
(d) If a candidate for the Board of Education does not receive a
majority of all the consolidated votes of the entire city cast in said
election for the post for which he qualified as a candidate, a run-off
election shall be held between the two candidates receiving the
highest number of votes. Such run-off shall be held in accordance
with the Georgia Municipal Election Code.
(e) Be it further enacted by authority aforesaid, that the present
board of education of said city shall continue in office until the first
Monday in April 1967, or until their successors are elected and
qualified. That on the first Tuesday in March 1967, an election shall
be held to elect the members of the board of education. The
GEORGIA LAWS 1983 SESSION
3643
candidate elected for post no. 1 of each ward of the City of Rome shall
serve from the first Monday in April 1967 until the first Monday in
January 1973, or until their successors are elected and qualified. The
candidate elected for post no. 2 of each ward of the City of Rome shall
serve from the first Monday in April 1967 until the first Monday in
January 1971, or until their successors are elected and qualified.
(f) Be it further enacted by the authority aforesaid that after the
election on the first Tuesday in March, 1967, at the termination of the
then elected Board members terms, as hereinbefore set forth, the
members of the Board shall be elected for terms of four (4) years, or
until their successors are duly elected and qualified. All such elec-
tions, subsequent to the election held on the first Tuesday in
December, 1970, shall be held on Tuesday next following the first
Monday in November in the year next preceding the expiration of the
term, and said Board members shall serve and hold office for a term of
four (4) years from the first Monday in January of the year they
assume office.
(g) Provided, however, notwithstanding any other provision of
the charter of the City of Rome, a candidate for the board of
education may have his name placed on the ballot for the general
election to be held on the first Tuesday in March, 1967 for the election
of the board of education without having been nominated in a
primary election or having been nominated by a nomination petition.
However, any candidate desiring to stand for such election shall
register and qualify with the secretary of the Rome city commission at
least 30 days prior to the election. A majority of the consolidated
votes cast in the entire city in said election shall be necessary for
election.,
and inserting in lieu thereof a new Section 84 to read as follows:
Section 84. (a) The six members of the board of education
holding office on April 1, 1983, shall continue to serve for the
remainder of their unexpired terms unless otherwise removed from
office. Effective on the first Monday in January of 1985, the board of
education shall consist of seven members. Each of the three wards of
the City of Rome shall have two members of the board of education.
The seventh member of the board of education shall be elected at
large from the City of Rome. Candidates shall qualify by ward for the
seats to be elected from each ward and shall qualify at large for the
seat to be elected from the City of Rome at large. The members of the
3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
board at the time of and during their continuance in office shall be
bona fide residents and citizens of the City of Rome and of the ward
from which they are elected, if elected from a specific ward, and must
also at the time of their qualification for election have been a
registered voter of the City of Rome and of the ward from which they
are elected, if elected from a specific ward, and must also at the time
of their qualification for election have been a registered voter of the
City of Rome for at least 90 days prior to their qualification for
election. A vacancy or vacancies in the board of education caused by
death, resignation, removal, disqualification, or otherwise shall be
filled by a person elected by a majority vote of the remaining
members of the board and the person so appointed shall remain in
office only until the vacancy can be filled during a regularly scheduled
election for the School Board, at which time the remainder of the
term shall be filled by election.
(b) At the 1984 election, successors to members of the board
whose terms expire on the first Monday in January of 1985 and a
member to be elected at large, shall be elected. At the 1986 election,
successors to members of the board whose terms expire on the first
Monday in January of 1986 shall be elected. The candidates receiving
the greatest number of votes cast shall be elected. In subsequent
elections, the candidate for each position receiving the greatest
number of votes shall be elected. In the event of an election to fill a
vacancy, the candidate receiving the greatest number of votes shall be
elected.
(c) After the initial elections held in 1984 and 1986, the members
of the board shall be elected for terms of four years thereafter, or until
their successors are duly elected and qualified. Subsequent elections
shall be held on the first Tuesday in November of each even-
numbered year and the board members shall serve and hold office for
terms of four years from the first Monday in January of the year
following the election.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
3645
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia a bill to amend the
Charter for the City of Rome (Georgia Law 1918, Pages 813FF, as
amended); to provide for a change in election procedures for city
commissioners and for members of the Board of Education; to repeal
conflicting provisions; and for other purposes.
This 31st day of January, 1983.
John Adams
Representative,
16th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Edward Hine, Jr. who, on oath,
deposes and says that he is Senator from the 52nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Rome News Tribune which is the official
organ of Floyd County, on the following dates: February 3, 10, 17,
1983.
/s/ Edward Hine, Jr.
Senator,
52nd District
3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
DOOLY COUNTY COMPENSATION OF TAX
COMMISSIONER.
No. 40 (Senate Bill No. 296).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax
collector of Dooly County into the office of tax commissioner of Dooly
County, approved February 25, 1949 (Ga. L. 1949, p. 1628), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3700), so as to change the compensation provisions relating to the
tax commissioner; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and
tax collector of Dooly County into the office of tax commissioner of
Dooly County, approved February 25,1949 (Ga. L. 1949, p. 1628), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3700), is amended by striking from Section 3 the following:
seven thousand two hundred ($7,200.00) dollars,
GEORGIA LAWS 1983 SESSION
3647
and inserting in lieu thereof the following:
$7,800.00,
so that when so amended Section 3 shall read as follows:
Section 3. The salary of the tax commissioner of Dooly County
shall be $7,800.00 per annum and shall be paid in equal monthly
installments from the funds of Dooly County. The tax commissioner
shall be authorized to employ assistants and clerical help and the
salaries of these assistants and clerks shall be fixed by the board of
commissioners of Dooly County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Proposed Local Legislation.
Notice is hereby given of the intention to apply to the General
Assembly of Georgia, at its session beginning January 1983, for the
enactment of a local bill to amend an Act entitled An Act to abolish
the office of tax collector and tax receiver in in the County of Dooly
and for other purposes approved February 25, 1949 Ga. L. 1949, p.
1628, amended Ga. L. 1963, p. 3317, (Ga. L. 1981, P. 3701), so as to
authorize the commissioners of roads and revenues for the County of
Dooly to fix the salary of the tax commissioner of Dooly County, and
for other purposes.
This January 27,1983.
3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Dooly County Board
of Commissioners
By: Billy S. Giles, Chairman
Attest: Frances K. Smith, Clerk
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 is Senator from the 13th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Vienna News - Observer which is the official
organ of Dooly County, on the following dates: February 2,9 and 16,
1983.
/s/ Rooney L. Bowen
Senator,
13th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3649
CHATTAHOOCHEE COUNTY PROBATE COURT
JURISDICTION.
No. 41 (Senate Bill No. 210).
AN ACT
To repeal an Act relating to jurisdiction of the Chattahoochee
County Probate Court over misdemeanors and services of the clerk of
superior court in such cases, approved April 4, 1967 (Ga. L. 1967, p.
2528); to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act relating to jurisdiction of the Chattahoochee
County Probate Court over misdemeanors and services of the clerk of
superior court in such cases, approved April 4, 1967 (Ga. L. 1967, p.
2528), is repealed in its entirety.
Section 2. This Act shall become effective only if a bill is
introduced and enacted at the 1983 regular session of the General
Assembly and becomes law, which bill provides that, for purposes of
determining the minimum annual salary of the clerk of superior court
in any county in which more than 50 percent of the population of the
county resides on certain property of the United States government,
the population of the county shall be deemed to be the total popula-
tion of the county minus the population of the county which resides
on property of the United States government; and if such other bill so
becomes law then this Act shall become effective on the first day of
the month following the month in which such other bill becomes 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
1983 session of the General Assembly of Georgia legislation to repeal
3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act relating to jurisdiction of the Chattahoochee County Probate
Court over misdemeanors and services of the clerk of superior court in
such cases, approved April 4,1967 (Ga. L. 1967, p. 2528); to provide an
effective date; to repeal conflicting laws; and for other purposes.
This 13th day of December, 1982.
/s/ Julian Greer
Chairman
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 is Senator from the 11th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Columbus Enquirer which is the
official organ of Chattahoochee County, on the following dates:
December 22,29,1982 and January 5,1983.
/s/ Jimmy Hodge Timmons
Senator,
11th District
Sworn to and subscribed before me,
this 18th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3651
ROCKDALE COUNTY MAGISTRATE COURT
TRIALS, ETC.
No. 42 (Senate Bill No. 264).
AN ACT
To amend an Act creating the Magistrate Court of Rockdale
County, approved March 13,1978 (Ga. L. 1978, p. 3907), as amended,
so as to require that trials shall be conducted without a jury; to
provide for bond and supersedeas on motion of the prevailing party or
on the courts own motion in matters on appeal; to provide for
alternate sentences for offenders; to change certain costs; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Magistrate Court of Rockdale
County, approved March 13,1978 (Ga. L. 1978, p. 3907), as amended,
is amended by striking subsection (b) of Section 2 of said Act in its
entirety and inserting in lieu thereof a new subsection (b) to read as
follows:
(b) This court and the judge thereof shall have all powers to do
all acts which justices of tbe peace are 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 where under the
law subject matter jurisdiction is conferred upon justices of the peace
and justice courts, and, as to the amount involved therein, the
jurisdiction thereover 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, trials, 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. All trials shall be conducted
by tbe court sitting without a jury. The judge of the magistrate court,
upon the filing of a notice of appeal to the superior court, may, upon
motion of the prevailing party or on the courts own motion, at any
time require that supersedeas bond with good security be given in
such amount as the court may deem necessary. Such bond shall not
be required if the appellant files with the court an affidavit stating
that because of his indigence he is unable to give bond.
3652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Section 14 of
said Act in its entirety and inserting in lieu thereof a new Section 14 to
read as follows:
Section 14. Fines and punishment. Upon conviction of viola-
tion of any of the ordinances, rules, or regulations set forth by the
governing authority of Rockdale County, the magistrate or judge of
said court may punish such offender by imposing a fine not in excess
of that prescribed by the ordinance or regulation violated and in no
event to exceed the sum of $500.00 for any single offense, by impris-
onment in the county jail for a period not in excess of that prescribed
by the ordinance or regulation violated and in no event to exceed 30
days for any single offense, or by any one or more of these punish-
ments in the discretion of the judge of said magistrate court. The
magistrate or judge of said court, at his sole discretion, may require
such offender to provide public service to Rockdale County in lieu of
imprisonment in the county jail. The sheriff of Rockdale County
shall provide supervision for offenders performing such public ser-
vice. The sheriff of Rockdale County shall receive, confine, feed, and
care for prisoners sentenced by said magistrate court to impris-
onment 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 court may be confined separately and apart from other
classes of inmates of said jail as the sheriff may, in his discretion,
provide and as general laws may require.
Section 3. Said Act is further amended by striking paragraph (1)
of subsection (f) of Section 31 of said Act in its entirety and inserting
in lieu thereof a new paragraph (1) to read as follows:
(1) The plaintiff, when he files his claim, shall deposit the sum
of $36.50 with the court, which sum shall cover all costs of the
proceeding, including the cost of service of the notice. The deposit of
cost in cases of attachment, garnishment, or trover shall be $36.50. If
a party shall fail to pay any accrued cost, the judge shall have the
power to deny said party the right to file any new case while such costs
remain unpaid and, likewise, shall have the power to deny such
litigant the right to proceed further in any pending case. The award
of court costs, as between the parties, shall be in the discretion of the
judge, and such costs shall be taxed in the cause at his discretion.
GEORGIA LAWS 1983 SESSION
3653
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 1983
session of the General Assembly of Georgia a bill to amend an Act
creating the Magistrate Court of Rockdale County, approved March
13,1978 (Ga. L. 1978, p. 3907), as amended; and for other purposes.
This 26th day of January, 1983.
Harrill L. Dawkins
Senator,
45th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Harrill L. Dawkins who, on oath,
deposes and says that he is Senator from the 45th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Rockdale Citizen which is the official organ
of Rockdale County, on the following dates: January 27, February 3,
10,1983.
/s/ Harrill L. Dawkins
Senator,
45th District
3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF ADAIRSVILLE CHARTER.
Georgia Laws 1872, Page 121 Repealed.
No. 43 (Senate Bill No. 265).
AN ACT
To incorporate the City of Adairsville in the County of Bartow and
provide a charter therefor; to provide for the corporate powers of said
City; to provide for the governing authority; to provide for the
administrative affairs of said City; to provide for a Mayors court; to
provide for elections; to provide for financial and fiscal affairs of said
City; to provide for certain general provisions; to provide for penal-
ties; to provide for other matters relative to the foregoing; to provide
for severability; to provide effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I
INCORPORATION, POWERS
Section 1.10. Incorporation. The City of Adairsville existing
immediately prior to the effective date of this charter and the
GEORGIA LAWS 1983 SESSION
3655
inhabitants of that City are hereby constituted and declared a body
politic and corporate under the name and style of the City of
Adairsville and by that name shall have perpetual succession.
Sectionl.il. Corporate Boundaries, (a) The boundaries of this
City shall be those existing immediately prior to the effective date of
this charter with such alterations as may be made from time to time in
the manner provided by law. The current boundaries of the City of
Adairsville, at all times, shall be shown on a map to be retained
permanently in the office of City Clerk and to be designated: City of
Adairsville, Georgia. Alterations in these boundaries shall be indi-
cated by appropriate entries upon or additions to such map. Such
entries or additions shall be made by or under the directions of the
Council. Photographic or other copies of such map 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.
(b) The Council may provide for the redrawing of any such map
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 1.12. Examples of Powers. The corporate powers of this
City may include but shall not be limited to the following:
(1) Property Taxes. To levy and to provide for the assessment,
valuation, revaluation and collection of taxes on all property subject
to taxation;
(2) Other Taxes. To levy and collect such other taxes as may be
allowed now or in the future by State law;
(3) Business Regulation and Taxation. To levy and to provide
for the collection of license fees and taxes on privileges, occupations,
trades and professions; to license and regulate the same; to provide
for the manner and method of payment of such licenses and taxes;
and to revoke such licenses after due process for failure to pay any
City taxes or fees;
(4) Appropriations and Expenditures. To make appropriations
for the government of the City; to authorize the expenditure of money
for any purposes authorized by this charter and for any purpose for
which a municipality is authorized by the laws of the State of Georgia;
and to provide for the payment of expenses of the City;
3656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) Municipal Debts. To appropriate and borrow money for the
payment of debts of the City and to issue bonds for the purpose of
raising revenue to carry out any project, program or venture autho-
rized by this charter or the laws of the State of Georgia;
(6) Municipal Property Ownership. To acquire, dispose of, and
hold in trust or otherwise, any real, personal, or mixed property, in fee
simple or lesser interest, inside or outside the property limits of the
City;
(7) Gifts. To accept or refuse gifts, donations, bequests or grants
from any source for any purpose related to the powers and duties of
the City and the general welfare of its citizens, on such terms and
conditions as the donor or grantor may impose;
(8) Condemnation. To condemn property, inside or outside the
corporate limits of the City for present or future use, and for any
corporate purpose deemed necessary by the governing authority,
under Title 22 of the O.C.G.A., relating to eminent domain, or under
other applicable general laws of the State of Georgia as are or may be
enacted or amended;
(9) Municipal Utilities. To acquire, lease, construct, operate,
maintain, sell and dispose of public utilities, including but not limited
to a system of waterworks, sewers and drains, sewage disposal, gas
works, electric light plants, transportation facilities, public airports,
and any other public utility; to fix the taxes, charges, rates, fares, fees,
assessments, regulations and penalties and withdrawal of service for
refusal or failure to pay same and the manner in which such remedies
shall be enforced;
(10) Public Utilities and Services. To grant franchises or make
contracts for public utilities and public services; to prescribe the
rates, fares, regulations and standards and conditions of service
applicable to the service to be provided by the franchise grantee or
contractor, insofar as not in conflict with such regulations by the
Georgia Public Service Commission;
(11) Roadways. To lay out, open, extend, widen, narrow, estab-
lish or change the grade of, abandon, or close, construct, pave, curb,
gutter, adorn with shade trees, otherwise improve, maintain, repair,
clean, prevent erosion of, and light roads, alleys, and walkways within
the corporate limits of the City; and to grant franchises and rights-of-
GEORGIA LAWS 1983 SESSION
3657
way throughout the streets and roads, and over the bridges and
viaducts, for the use of public utilities;
(12) Public Improvements. To provide for the acquisition, con-
struction, building, operation and maintenance of public ways, parks
and playgrounds, recreational facilities, cemeteries, markets and
market houses, public buildings, libraries, public housing, airports,
hospitals, terminals, docks, parking facilities, or charitable, cultural,
educational, recreational, conservation, sport, curative, corrective,
detentional, penal and medical institutions, agencies, and facilities;
and any other public improvements, inside or outside the corporate
limits of the City; and to regulate the use thereof, and for such
purposes, property may be acquired by condemnation under Title 22
of the O.C.G.A., relating to eminent domain, or other applicable
general laws of the State of Georgia, as are or may be enacted or
amended;
(13) Sidewalk Maintenance. To require real estate owners to
repair and maintain in a safe condition the sidewalks adjoining their
lots or lands; and to enact ordinances establishing the terms and
conditions under which such repairs and maintenance shall be
effected, including the penalties to be imposed for failure to do so;
(14) Building Regulation. To regulate the erection and construc-
tion of buildings and all other structures; to adopt building, housing,
plumbing, electrical, gas, and heating and air-conditioning codes and
to regulate all housing, building, and building trades; to license the
construction and erection of buildings and all other structures;
(15) Planning and Zoning. To provide such comprehensive city
planning for development by zoning, subdivision regulation and the
like as the City Council deems necessary and reasonable to insure a
safe, healthy, and aesthetically pleasing community;
(16) Public Peace. To provide for the prevention and punishment
of drunkenness, riots, and public disturbances;
(17) Special Areas of Public Regulation. To regulate or prohibit
junk dealers; pawn shops; the manufacture, sale or transportation of
alcoholic beverages; the use and sale of firearms; to regulate the
transportation, storage and use of combustible, explosive and inflam-
mable materials, the use of lighting and heating equipment, and any
other business or situation which may be dangerous to persons or
3658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
property; to regulate and control the conduct of peddlers, and itiner-
ant trades, theatrical performances, exhibitions, shows of any kind
whatever, by taxation or otherwise; to license, tax, regulate or pro-
hibit professional fortunetelling, palmistry, adult bookstores, and
massage parlors;
(18) Regulation of Roadside Areas. To prohibit or regulate and
control the erection, removal, and maintenance of signs, billboards,
trees, shrubs, fences, buildings and any and all other structures or
obstructions upon or adjacent to the rights-of-way of streets and
roads or within view thereof, within or abutting the corporate limits of
the City and to prescribe penalties and punishment for violation of
such ordinances;
(19) Health and Sanitation. To prescribe standards of health and
sanitation and to provide for the enforcement of such standards;
(20) Air and Water Pollution. To regulate the emission of smoke
or other exhaust which pollutes the air and to prevent the pollution of
natural streams which flow within the corporate limits of the City;
(21) Fire Regulations. To fix and establish fire limits and from
time to time to extend, enlarge or restrict same; to prescribe fire
safety regulations not inconsistent with general law, relating to both
fire prevention and detection and to fire fighting, and to prescribe
penalties and punishment for violation thereof;
(22) Public Hazards, Removal. To provide for the destruction
and removal of any building or other structure which may or might
become dangerous or detrimental to the public;
(23) Solid Waste Disposal. To provide for the collection and
disposal of garbage, rubbish and refuse and to regulate the collection
and disposal of garbage, rubbish and refuse by others; and to provide
for the separate collection of glass, tin, aluminum, cardboard, paper,
and other recyclable materials and to provide for the sale of such
items;
(24) Garbage Fees. To levy, fix, assess, and collect a garbage,
refuse and trash collection and disposal and other sanitary service
charge, tax, or fee, for such services as may be necessary in the
operation of the City from all individuals, firms, and corporations
residing in or doing business therein benefiting from such services; to
GEORGIA LAWS 1983 SESSION
3659
enforce the payment of such charges, taxes, or fees, and to provide for
the manner and method of collecting such service charges;
(25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to
assure the acquiring, constructing, equipping, operating, maintain-
ing, and extending of a sewage disposal plant and sewerage system,
and to levy on the users of sewers and the sewerage system a sewer
service charge fee or sewer tax for the use of the sewers; and to provide
for the manner and method of collecting such service charges and for
enforcing payment of same; to charge, impose and collect a sewer
connection fee or fees, and to change the same from time to time; such
fees to be levied on the users connecting with the sewerage system;
(26) Nuisance. To define a nuisance and provide for its abate-
ment whether on public or private property;
(27) Municipal Property Protection. To provide for the preserva-
tion and protection of property and equipment of the City and the
administration and use of same by the public, and to prescribe
penalties and punishment for violations thereof;
(28) Jail Sentences. To provide that persons given jail sentences
in the Citys court may work out such sentence in any public works or
on the streets, roads, drains and squares in the City; or to provide for
commitment of such persons to any county 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 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;
3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(32) Pensions. To provide and maintain a system of pensions and
retirement for officers and employees of the City;
(33) Special Assessments. To levy and provide for the collection
of special assessments to cover the costs for any public improvements;
(34) Contracts. To enter into contracts and agreements with
other governmental entities and with private persons, firms and
corporations providing for services to be made therefor;
(35) City Agencies and Delegation of Power. To create, alter or
abolish departments, boards, offices, commissions and agencies of the
City, and to confer upon such agencies the necessary and appropriate
authority for carrying out all the powers conferred upon or delegated
to same;
(36) Penalties. To provide penalties for violations of any ordi-
nance adopted pursuant to the authority of this charter and the laws
of the State of Georgia;
(37) Police and Fire Protection. To exercise the power of arrest
through duly appointed policemen and to organize and operate a fire-
fighting agency;
(38) Emergencies. To establish procedures for determining and
proclaiming that an emergency situation exists within or without the
City, and to make and carry out all reasonable provisions deemed
necessary to deal with or meet such an emergency for the protection,
safety, health or well-being of the citizens of the City;
(39) Urban Redevelopment. To organize and operate an urban
redevelopment program;
(40) Public Transportation. To organize such public trans-
portation systems as are deemed beneficial;
(41) General Health, Safety and Welfare. To define, regulate and
prohibit any act, practice, conduct or use of property which is
detrimental to the health, sanitation, cleanliness, welfare, and safety
of the inhabitants of the City and to provide for the enforcement of
such standards;
GEORGIA LAWS 1983 SESSION
3661
(42) Enforcement of Ordinances on Private Property. To autho-
rize City police to enforce ordinances on private property within the
City and generally used by the public; and
(43) Other Powers. To exercise and enjoy all other powers,
functions, rights, privileges and immunities necessary or desirable to
promote or protect the safety, health, peace, security, good order,
comfort, convenience, or general welfare of the City and its inhabi-
tants; to exercise all implied powers necessary to carry into execution
all powers granted in this charter as fully and completely as if such
powers were fully stated herein; to exercise all powers now or in the
future authorized to be exercised by other municipal governments
under other laws of the State of Georgia. No listing of particular
powers in this charter shall be held to be exclusive of others, nor
restrictive of general words and phrases granting powers; but shall be
held to be in addition to such powers unless expressly prohibited to
municipalities under the Constitution or applicable laws of the State
of Georgia.
Section 1.13. Exercise of Powers. All powers, functions, rights,
privileges, and immunities of the City, its officers, agencies, or
employees 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.
Section 1.14. 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 specified 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.
ARTICLE II
GOVERNING BODY
Section 2.10. Creation; Composition; Number; Election. The
corporate powers and municipal government of the City, except as
otherwise specifically provided in this charter, shall be vested in a
City Council to be composed of the Mayor and four Aldermen. The
3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Mayor and Aldermen shall be elected in the manner provided by
Article V of this charter.
Section 2.11. Qualification of Office. No person shall be eligible
to serve as Mayor or Alderman unless such person is at least 25 years
old at the time of his election and unless such person shall have been a
resident of the City of Adairsville for a period of one year immediately
prior to the date of that persons election. Persons serving as Mayor or
Aldermen shall continue to reside in the City during their period of
service and shall be registered and qualified to vote in municipal
elections of the City.
Section 2.12. Vacancy; Filling of; Forfeiture of Office, (a) The
office of Mayor or Alderman shall become vacant upon the incum-
bents death, resignation, forfeiture of office or removal from office in
any manner authorized by this charter or the laws of the State of
Georgia.
(b) A vacancy in the office of Mayor or Alderman 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 Alderman shall forfeit his office if he:
(1) lacks at any time during his term of office any qualifica-
tions of the office as prescribed by this charter or the laws of the
State of Georgia;
(2) willfully and knowingly violates any express prohibition
of this charter; or
(3) is convicted of a crime involving moral turpitude.
Section 2.13. Compensation and Expenses. The Mayor shall
receive an annual salary of $1,800.00, payable in equal monthly
installments from the funds of the City. Each Alderman shall receive
an annual salary of $1,200.00, payable in equal monthly installments
from the funds of the City. These salary amounts may be changed as
authorized by Code Section 36-35-4 of the O.C.G.A., relating to home
rule authority to fix compensation. The Mayor and Aldermen shall
be entitled to receive their actual and necessary expenses incurred in
the performance of their duties, as provided by ordinance.
GEORGIA LAWS 1983 SESSION
3663
Section 2.14. Prohibitions. Except as authorized by law,
neither the Mayor nor any Alderman shall hold any other elective
City office or City employment during the term for which he was
elected.
Section 2.15. Code of Ethics. The Council may enact by
ordinance a Code of Ethics which shall apply to all elected officials,
appointed officers and employees of this City. Neither the Mayor nor
any Alderman may vote upon or sign or veto any question brought
before him in which that person is personally interested.
Section 2.16. Inquiries and Investigations. The Council may
make inquiries and investigations into the affairs of the City and the
conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers by
the Council shall be punished as provided by ordinance.
Section 2.17. General Power and Authority of the Council, (a)
Except as otherwise provided by law or by this charter, the Council
shall be vested with all the powers of government of this City as
provided by Article I of this charter.
(b) In addition to all other powers conferred upon it by law, the
Council shall have the authority to adopt and provide for the creation
of such ordinances, resolutions, rules and regulations, not inconsis-
tent with this charter, the Constitution and the laws of the State of
Georgia, which it shall deem necessary, expedient, or helpful for the
peace, good order, protection of life, property, health, welfare, sanita-
tion, comfort, convenience, prosperity, or well-being of the inhabi-
tants of this City. The Council may enforce such ordinances by
imposing penalties for the violation thereof.
(c) The Council may by ordinance create, change, alter, abolish,
or consolidate offices, agencies and departments of the City and may
assign additional functions to any of tbe offices, agencies and depart-
ments expressly provided for by this charter.
Section 2.18. Organization Meeting. The Council shall meet
for organization on the first Saturday in January, 1984, on the first
Saturday in January, 1985, and thereafter on tbe first Thursday in
January of each even-numbered year. The meeting shall be called to
3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
order by the City Clerk and the oath of office 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 Alderman 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 Council
shall hold regular meetings at such times and places as prescribed by
ordinance. The Council may recess any regular meeting and continue
such meeting on any weekday or hour it may fix and may transact any
business at such continued meeting as may be transacted at any
regular meeting.
(b) Special meetings of the Council may be held on call of the
Mayor or two Aldermen. Notice of such special meetings shall be
served on all other members of the Council personally, or by tele-
phone, or shall be left at their residences in advance of the meeting.
Such notice shall not be required if the Mayor and all Aldermen are
present when the special meeting is called. Notice of any special
meeting may be waived in writing before or after such meeting and
attendance at the meeting shall constitute a waiver of notice of any
special meeting. Only the business stated in the call may be trans-
acted at the special meeting except by unanimous consent of all
members present. With such consent, any business which may be
transacted at a regular meeting may be conducted at the special
meeting.
(c) All meetings of the Council shall be public to the extent
required by general State law.
Section 2.20. Rules of Procedure. The Council shall adopt its
rules of procedure and order of business consistent with the provi-
sions of this charter and shall provide for keeping a journal of its
proceedings which shall be a public record.
Section 2.21. Quorum, Voting. A majority of the Council shall
constitute a quorum and shall be authorized to transact business of
the Council. Voting on the adoption of ordinances shall be taken by
voice vote and the ayes and nays shall be recorded in the journal but
GEORGIA LAWS 1983 SESSION
3665
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 2.22. Action Requiring an Ordinance, (a) Except as
herein provided, every official action of the Council which is to
become law shall be by ordinance. Each proposed ordinance shall be
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 Adairsville
hereby ordains... and every ordinance shall so begin.
(b) An ordinance may be introduced by any member of the
Council and read at a regular or special meeting of the Council. All
ordinances shall be considered and adopted or rejected by the Council
in accordance with rules which it shall establish, but shall not be
adopted the same day they are introduced except for an emergency
ordinance under Section 2.23 of this charter. Upon introduction of
any ordinance, the City Clerk, as soon as possible, shall distribute a
copy to every member of the Council and file a reasonable number in
the office of the Clerk.
Section 2.23. Emergency Ordinances. To meet a public emer-
gency affecting life, health, property, or public peace, the Council
may adopt one or more emergency ordinances but such ordinances
may not levy taxes, grant, renew or extend a franchise, regulate the
rate charged by any public utility for its services, or authorize the
borrowing of money except as provided by law. An emergency
ordinance shall be introduced in the form and manner prescribed for
ordinances generally except that it shall be plainly designated as an
emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists and describing it in clear
and specific terms. An emergency ordinance may be adopted with or
without amendment or rejected at the meeting at which it is intro-
duced but the affirmative vote of a majority of the Council shall be
required for adoption. It shall become effective upon adoption or at
such later time as it may specify. Every emergency ordinance shall
automatically stand repealed sixty days following the date upon
which it was adopted but this shall not prevent reenactment of the
ordinance in the manner specified in this Section if the emergency
still exists. An emergency ordinance may also be repealed by adop-
tion of a repealing ordinance in the same manner specified in this
Section for adoption of emergency ordinances.
3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.24. Codes of Technical Regulations, (a) The Council
may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordi-
nances generally except that:
(1) the requirements of Section 2.22(b) of this charter for
assuring public access to the ordinance shall be construed to
include copies of any code of technical regulations as well as the
adopting ordinance; and
(2) a copy of each adopted code of technical regulations, as
well as the adopting ordinance, shall be authenticated and
recorded by the City Clerk pursuant to Section 2.25 of this
charter.
(b) Copies of any adopted code of technical regulations may
be made available by the City Clerk for distribution or for purchase at
a reasonable price.
Section 2.25. Signing, Authenticating, Recording; Codifying,
Printing, (a) The City Clerk shall authenticate by the clerks signa-
ture and record in full in a properly indexed book kept for the purpose
of recording all ordinances adopted by Council.
(b) The Council shall provide for the preparation of a general
codification of all the ordinances of the City. The general codification
shall be adopted by the Council by ordinance and shall be published
promptly together with all amendments thereto, with this charter and
any amendments thereto, and such codes of technical regulations and
other rules and regulations as the Council may specify. This compila-
tion shall be known and cited officially as The Code of the City of
Adairsville, Georgia. Copies of the Code may be furnished to all
officers, departments, and agencies of the City and made available for
purchase by the public at a reasonable price as fixed by the Council.
(c) The Council shall cause each ordinance and each amendment
to this charter to be printed promptly following its adoption. Follow-
ing publication of the first Code of this City and at all times
thereafter, the ordinances and charter amendments shall be printed
in substantially the same style as the Code currently in effect and
shall be suitable in form for incorporation therein. The Council shall
make such further arrangements as deemed desirable with respect to
GEORGIA LAWS 1983 SESSION
3667
reproduction and distributions of any current changes in or additions
to codes of technical regulations and other rules and regulations
included in the Code.
Section 2.26. Powers and Duties of the Mayor. The Mayor
shall:
(a) Preside at all meetings of the City for service of process and
ceremonial purposes;
(b) Be the official head and spokesman for the City for service of
process and ceremonial purposes;
(c) Sign as a matter of course all written contracts and other
instruments executed by the City which by law are required to be in
writing;
(d) Vote on matters before the Council and be counted toward a
quorum as any other member of the Council;
(e) Fulfill such other executive and administrative duties as the
Aldermen shall by ordinance establish;
(f) Approve or disapprove ordinances as provided in Section 2.27
of this charter; and
(g) Perform other duties as may be required by general State
law, this charter, or ordinance.
Section 2.27. Submission of Ordinances to the Mayor; Veto
Power, (a) Every ordinance adopted by the Council shall be pre-
sented promptly by the Clerk to the Mayor.
(b) The Mayor, within ten calendar days of receipt of an ordi-
nance, shall return it to the Clerk with or without his approval, or
with his disapproval. If the ordinance has been approved by the
Mayor, it shall become law upon its return to the Clerk; if the
ordinance is neither approved nor disapproved, it shall become law at
twelve oclock noon on the tenth calendar day after its adoption; if the
ordinance is disapproved, the Mayor shall submit to the Council
through the Clerk a written statement of his reasons for his veto. The
Clerk shall record upon the ordinance the date of its delivery to and
receipt from the Mayor.
3668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Ordinances vetoed by the Mayor shall be presented by the
Clerk to the Council at its next meeting and should the Council then
or at its next general meeting adopt the ordinance by an affirmative
vote of three of the Aldermen, it shall become law.
Section 2.28. Mayor Pro Tem; Selection; Duties. At each
organizational meeting under Section 2.18, the Aldermen shall elect
by majority vote from among their members a Mayor Pro Tem who
shall assume the duties and powers of the Mayor upon the Mayors
disability or absence. The Aldermen shall elect an acting Mayor Pro
Tem from among their 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 the Aldermen
present.
ARTICLE III
ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and Service Departments, (a)
Except as otherwise provided in this charter, the Council shall
prescribe the functions or duties and establish, abolish or alter all
nonelective offices, positions of employment, departments and agen-
cies of the City, as necessary for the proper administration of the
affairs and government of this City.
(b) Except as otherwise provided by this charter or general State
law, department heads and other appointed officers of the City shall
be appointed solely on the basis of their respective administrative and
professional qualifications as shall be prescribed by the governing
authority.
(c) All appointive officers and department heads shall receive
such compensation as prescribed by ordinance.
Section 3.11. Board, Commissions and Authorities, (a) The
Council shall create by ordinance such boards, commissions and
authorities to fulfill any investigative, quasi-judicial or quasi-legisla-
tive function the Council deems necessary and shall by ordinance
establish the composition, period of existence, duties and powers
thereof.
GEORGIA LAWS 1983 SESSION
3669
(b) All members of boards, commissions and authorities of the
City shall be appointed by the Council for such terms of office and in
such manner as shall be provided by ordinance, except where other
appointing authority, term of office or manner of appointment is
prescribed by this charter or general State law.
(c) The Council may provide for the compensation and reim-
bursement for actual and necessary expenses of the members of any
board, commission or authority.
(d) Any vacancy on a board, commission or authority of the City
shall be filled for the unexpired term in the manner prescribed herein
for original appointment, except as otherwise provided by this charter
or general State law.
(e) No member of a board, commission or authority shall assume
office until he has executed and filed with the Clerk of the City an
oath obligating himself to faithfully and impartially perform the
duties of his office, such oath to be administered by the Mayor.
(f) Any member of a board, commission or authority may be
removed from office for cause by a vote of four members of the
Council.
(g) Except as otherwise provided by this charter or by general
State law, each board, commission or authority of the City shall elect
one of its members as chairman and one member as vice chairman and
may elect as its secretary one of its own members or may appoint as
secretary an employee of the City. Each board, commission or
authority of the City government may establish such 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.
(h) No member of any board, commission, or authority shall
hold any elective office in the City.
Section 3.12. City Attorney. The Council may appoint a City
Attorney, together with such assistant City Attorneys as may be
authorized, and shall provide for the payment of such attorney or
attorneys for services rendered to the City. The City Attorney shall
be responsible for representing and defending the City in all litigation
3670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in which the City is a party; may be the prosecuting officer in the
municipal court; shall attend the meetings of the Council as directed;
shall advise the Council, Mayor and other officers and employees of
the City concerning legal aspects of the Citys affairs; and shall
perform such other duties as may be required of him by virtue of his
position as City Attorney.
Section 3.13. City Clerk, (a) The Council shall appoint a City
Clerk to keep a journal of the proceedings of the City Council and to
maintain in a safe place all records and documents pertaining to the
affairs of the City and to perform such other duties as may be
required by law or as the Council may direct. The City Clerk shall sign
all instruments drawing money from the treasury of the City, which
instruments shall be cosigned by the Mayor or, in his absence, by the
Mayor Pro Tem.
(b) The City Clerk shall execute an official bond in the amount
of $30,000.00 for the faithful performance of his duties.
Section 3.14. Tax Collector. The Council may appoint a Tax
Collector to collect all taxes, licenses, fees and other monies belonging
to the City subject to the provisions of this charter and the ordinances
of the City, and the Tax Collector shall diligently comply with all
general laws of the State of Georgia relating to the collection, sale or
foreclosure of taxes by municipalities.
Section 3.15. City Accountant. The Council may appoint a City
Accountant to perform the duties of an accountant.
Section 3.16. Consolidation of Functions. The Council may
consolidate any two or more of the positions of City Clerk, City Tax
Collector and City Accountant or any other positions or may assign
the functions of any one or more of such positions to the holder or
holders of any other positions.
Section 3.17. All employees of the City shall serve at the
pleasure of the City Council.
ARTICLE IV
MAYORS COURT
Section 4.10. Creation of Mayors Court. There is hereby
established a court to be known as the Mayors Court of the City of
GEORGIA LAWS 1983 SESSION
3671
Adairsville which shall have jurisdiction and authority to try offenses
against the laws and ordinances of the City and to punish for a
violation of the same.
Section 4.11. Mayor to be Judge of Mayors Court, (a) The
Mayors Court shall be presided over by the Mayor and such part-
time, full-time or stand-by Associate Judges as shall be provided by
ordinance.
(b) No person shall be qualified or eligible to serve as an Associ-
ate Judge of the Mayors Court unless he shall have attained the age
of 21 years and be a resident of the same judicial circuit as that in
which the Mayors Court is located. All Associate Judges shall be
appointed by Council.
(c) Compensation of the Judges shall be determined by a major-
ity of the Council who may also remove for cause such Judge or
Judges by an affirmative vote of four members of the Council.
(d) Before entering on duties of his office, each Judge shall take
an oath given as provided by ordinance, that he will honestly and
faithfully discharge the duties of his office to the best of his ability
without fear, favor or partiality. The oath shall be entered upon the
Council minutes.
Section 4.12. Convening. The Mayors 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 Mayors Court shall
try and punish for violation of its ordinances, whether the violations
occur within the corporate limits of the City or upon property of the
City outside the corporate limits. The Mayors Court shall have au-
thority to punish those in its presence for contempt, provided that
such punishment shall not exceed $100.00 or five days in jail. The
Mayors Court may fix punishment for offenses within its jurisdiction
not exceeding a fine of $1,000.00 or imprisonment for six months, or
both. As an alternative to fine or imprisonment, the Mayors 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 six months.
3672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The Council shall have authority to establish a schedule of
fees to defray the costs of operation of the Mayors Court. The City
shall be entitled to reimbursement of the costs of meals, trans-
portation and caretaking of prisoners bound over to Superior Courts
for violations of State law.
(c) The Mayors Court shall have authority to establish bail and
recognizances to insure the presence of those charged with violations
before said court and shall have discretionary authority to accept cash
or personal or real property as surety for appearance of persons
charged with violations. Whenever any person shall give bail for his
appearance and shall fail to appear at the time fixed for trial, his bond
shall be forfeited by the Judge presiding at such time and an
execution issued thereon by serving the defendant and his sureties
with a rule nisi at least two days before a hearing on the rule nisi. In
the event that cash or property is accepted in lieu of bond for security
for the appearance of a defendant at trial and if such defendant fails
to appear at the time and place fixed for trial, the cash so deposited
shall on order of the Judge be forfeited to the City or the property so
deposited shall have a lien against it for the value forfeited, which lien
shall be enforceable in the same manner and to the same extent as a
lien for City property taxes.
(d) The Mayors 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 Mayors Court shall have the same authority as superior
courts to compel the production of evidence in the possession of any
party; to enforce obedience to its orders, judgments and sentences;
and to administer such oaths as are necessary.
(f) The Mayors Court may compel the presence of all parties
necessary to a proper disposal of each case by the issuance of
summons, subpoenas and warrants which may be served as executed
by any officer as authorized by this charter or by State law.
(g) The Mayors Court is specifically vested with all of the
jurisdiction and powers throughout the entire area of the City granted
by general State laws generally to mayors, recorders and police
courts and particularly by such laws as authorize the abatement of
nuisances and prosecution of traffic violations.
GEORGIA LAWS 1983 SESSION
3673
(h) The Mayor, and any Associate Judge of the Mayors Court,
shall have the authority of a justice of the peace for the purposes of
issuing warrants for the arrest of persons violating ordinances of the
City, whether the violations occur within the corporate limits of the
City or upon property of the City outside those corporate limits, but
the Mayor or Associate Judge shall not act as judge in any proceeding
involving an offense by a person for whom the Mayor or Associate
Judge, respectively, issued an arrest warrant in connection with that
offense.
Section 4.14. Appeal. The right of appeal shall exist in all cases
from the judgment of the Mayors Court to the Superior Court of
Bartow 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 ten days of
the date of his conviction in the Mayors 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 Mayor shall have full power and authority to make reasonable
rules and regulations necessary and proper to secure the efficient and
successful administration of the Mayors 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 City Clerk and
shall be available for public inspection upon request.
ARTICLE V
ELECTIONS
Section 5.10. Applicability of General Law. All elections shall
be held and conducted in accordance with Chapter 3 of Title 21 of the
O.C.G.A., the Georgia Municipal Election Code, as now or hereafter
amended.
Section 5.11. Election of Council and Mayor, (a) On the
Tuesday next following the first Monday in November, 1983, and on
that day in each even-numbered year thereafter, the general munici-
pal election for Mayor and Council of the City of Adairsville shall be
conducted as provided in this article.
3674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) For purposes of electing Aldermen members of the Council
under this charter, there shall be four Aldermanic posts designated as
Post 1, Post 2, Post 3, and Post 4. Any person offering for member-
ship as Alderman on the Council shall designate at the time of
qualifying for election that post for which such person is offering.
Notwithstanding these post delegations, each Alderman, as well as
the Mayor, shall be elected by the qualified voters voting in the entire
city.
(c) For purposes of this section, those persons named in this
subsection who are serving as Aldermen of the City on January 10,
1983, shall be deemed to be serving in designated posts, under
subsection (b) of this section, as follows:
Mr. Earl Sutton - Post 1
Mr. Odell Adcock - Post 2
Mr. Donald M. Ayer - Post 3
Mr. Roy W. Fletcher - Post 4
(d) The Mayor and two Aldermen in Posts 1 and 2 who were
elected at the City election in 1982 shall serve out their respective
terms of office, which shall expire the first Saturday in January, 1984.
Their successors shall be elected at the general municipal election in
1983, shall take office on the first Saturday in January, 1984, and shall
serve until the first Thursday in January, 1987, and until the election
and qualification of their respective successors.
(e) The two Aldermen in Posts 3 and 4 who were elected at the
City election in 1983 shall serve out their respective terms of office,
which shall expire on the first Saturday in January, 1985. Their
successors shall be elected at the general municipal election in 1984,
shall take office on the first Saturday in January, 1985, and shall serve
until the first Thursday in January, 1989, and until the election and
qualification of their respective successors.
(f) Successors to the Mayor and Aldermen elected under subsec-
tions (d) and (e) of this section shall be elected at the general
municipal election immediately preceding the expiration of the
incumbents term of office, shall take office on the first Thursday in
January following their election, and shall serve for a term of four
GEORGIA LAWS 1983 SESSION
3675
years and until the election and qualification of their respective
successors.
(g) For the period beginning on the effective date of this charter
and ending on the first Saturday in January, 1984, the Council shall
consist of the incumbent Mayor and incumbent Aldermen elected
under that City charter existing immediately prior to the effective
date of this charter. For the period beginning on the first Saturday in
January, 1984, and ending on the first Saturday in January, 1985, the
Council shall consist of the Mayor and two Aldermen from Posts 1
and 2 elected pursuant to subsection (d) of this section and the two
incumbent Aldermen from Posts 3 and 4. Thereafter, the Council
shall consist of a Mayor and four Aldermen elected pursuant to this
charter.
(h) The Mayor and each Alderman shall be elected by plurality
vote.
Section 5.12. Special Elections; Vacancies. In the event that
the office of Mayor or Alderman shall become vacant for any cause
whatsoever, the Council or those remaining shall order a special
election to fill the balance of the unexpired term of such office;
provided, however, if such vacancy occurs within six months of the
expiration of the term of that office, the Council or those remaining
shall appoint a successor for the remainder of the term. In all other
respects, the special election shall be held and conducted in accord-
ance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Munici-
pal Election Code.
Section 5.13. 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 Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal
Election Code.
Section 5.14. Grounds for Removal. The Mayor and any Aider-
man shall be removed from office for any one or more of the following
causes:
(a) incompetence, misfeasance or malfeasance in office;
(b) conviction of a crime involving moral turpitude;
3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) failure at any time to possess any of the qualifications of
office as provided by this charter or by law;
(d) knowing 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 the Mayor or
any Alderman 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. Such officer shall be
entitled to a written notice specifying the ground for removal and to a
public hearing which shall be held not less than ten days after the
service of such written notice. Any elected officer sought to be
removed from office as herein provided shall have the right of appeal
from the decision of the Council to the Superior Court of Bartow
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 Bartow County
as provided by law.
ARTICLE VI
FINANCE
Section 6.10. Property Tax. The Council may assess, levy and
collect an ad valorem tax on all real and personal property within the
corporate limits of the City that is subject to such taxation by the
State and County. This tax is for the purpose of raising revenues to
defray the costs of operating the City government; providing govern-
mental services; for the repayment of principal and interest on
general obligations; and for any other public purpose as determined
by the Council in its discretion.
Section 6.11. Millage Rate, Due Dates, Payment Methods. The
Council, by ordinance, shall establish a millage rate for the City
property tax; a due date; and in what length of time these taxes must
be paid. The Council, by ordinance, may provide for the payment of
GEORGIA LAWS 1983 SESSION
3677
these taxes by installments or in one lump sum, as well as to authorize
the voluntary payment of taxes prior to the time when due. The tax
rate set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with
other anticipated revenues, fund balances and applicable reserves, to
equal the total amount approximated for each of the several funds set
forth in the annual operating budget for defraying the expenses of the
general government of the City.
Section 6.12. Occupation and Business Taxes. The Council, by
ordinance, shall have the power to levy such occupation or business
taxes as are not denied by general State law. Such taxes may be levied
on both individuals and corporations who transact business in the
City or who practice or offer to practice any profession or calling
therein to the extent such persons have a constitutionally sufficient
nexus to the City to be so taxed. The Council may classify businesses,
occupations, professions or callings for the purpose of such taxation in
any way which may be lawful and compel the payment of such taxes
as provided in this Article.
Section 6.13. License, Permits, Fees. The Council, by ordi-
nance, shall have the power to require any individuals or corporations
who transact business in this City or who practice or offer to practice
any profession or calling therein to obtain a license or permit for such
activity from the City and pay a reasonable fee for such license or
permit where such activities are not now regulated by general State
law in such a way as to preclude City regulation. Such fees may reflect
the total cost to the City of regulating the activity and if unpaid shall
be collected as provided in this Article for delinquent taxes and fees.
The Council, by ordinance, may establish reasonable requirements
for obtaining or keeping such licenses as the public health, safety and
welfare necessitates.
Section 6.14. Franchises. The Council shall have the power to
grant franchises for the use of the Citys streets and alleys, for the
purposes of railroads, street railways, telephone companies, electric
companies, cable television, gas companies, transportation 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. No franchise
shall be granted unless the City receives just and adequate compensa-
tion therefor. The Council shall provide for the registration of all
franchises with the City Clerk in a registration book to be kept by
3678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
him. The Council may provide by ordinance for the registration
within a reasonable time of all franchises previously granted.
Section 6.15. Service Charges. The Council, by ordinance, shall
have the power to assess and collect fees, charges and tolls for sewer,
sanitary, health services or any other services rendered within and
without the corporate limits of the City for the total cost to the City of
providing such services. If unpaid, such charges shall be collected as
provided in this Article for delinquent taxes and fees.
Section 6.16. Special Assessments. The Council shall have
power and authority to assess all or part of the cost of constructing,
reconstructing, widening or improving any public way, street, side-
walk, curbing, gutters, sewers or other utility mains and appurte-
nances, from the abutting property owners, under such terms and
conditions as may be prescribed by ordinance. Such special assess-
ments shall become delinquent thirty days after their due dates, shall
thereupon be subject, in addition to fi. fa. charges, to a penalty of ten
percent, and shall thereafter be subject to interest at the rate of seven
percent per annum from date due until paid. A lien shall exist against
the abutting property superior to all other liens except that it shall be
of equal dignity with liens for County and City property taxes. Said
lien shall also be enforceable by the same procedures and under the
same remedies as provided for in this Article for City property taxes.
Section 6.17. Construction, Other Taxes. The City shall be
empowered to levy any other tax allowed now or hereafter by State
law and the specific mention of any right, power or authority in this
Article shall not be construed as limiting in any way the general
powers of the City to govern its local affairs. The Council is autho-
rized to establish a uniform scale of costs for the issuance and
collection of all taxes and assessments of the City and for their
collection and payment to the City.
Section 6.18. Collection of Delinquent Taxes and Fees. The
Council, by ordinance, may provide generally for the collection of
delinquent taxes, fees or other revenue due the City 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
GEORGIA LAWS 1983 SESSION
3679
for hardship; and providing for the assignment or transfer of tax
executions.
Section 6.19. Transfer of Executions. The City Clerk shall be
authorized to assign or transfer any fi. fa. or execution issued for any
tax or for any street, sewer or other assessment in the same manner
and to the same extent as provided by Georgia law regarding sales and
transfers of tax fi. fas. Such transfer or assignment, when made, shall
vest the purchaser or transferee with all right, title and interest as
provided by Georgia law governing sales and transfers of tax fi. fas.;
provided, however, that upon levy of execution and sale of property
pursuant to such tax fi. fa., whether assigned, transferred or executed
by the City, the owner of such property in fee simple or lesser interest
shall not lose his right to redeem the property in accordance with the
requirements of redemption of property sold under State or County
ad valorem tax fi. fas. as said requirements now exist or as may be
hereinafter provided by law.
Section 6.20. General Obligation Bonds. The Council shall have
the power to issue bonds for the purpose of raising revenue to carry
out any project, program or venture authorized under this charter or
the general laws of the State. Such bonding authority shall be
exercised in accordance with the laws governing bond issuances by
municipalities in effect at the time said issue is undertaken.
Section 6.21. Revenue Bonds. Revenue bonds may be issued by
the Council as provided by Article 3 of Chapter 82 of Title 36, the
Revenue Bond Law, or by any other Georgia law as now or hereafter
provided.
Section 6.22. Short-Term Notes. The City must repay any
short-term loans between January 1 and December 31 of the calendar
year in which that loan was obtained or as is otherwise provided by
present or future State law.
Section 6.23. Budget and Audit. The City shall conform to
those budget and audit requirements established pursuant to Chap-
ter 81 of Title 36 of the O.C.G.A., relating to budgets and audits for
local governments. For such purposes the City Clerk shall be the
budget officer of the City.
Section 6.24. Tax Levies. As the next order of business
following adoption of a budget, the city council shall levy by ordi-
3680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nance 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
budget.
Section 6.25. Contracting Procedures. No contract with the
City shall be binding on the City unless:
(1) it is in writing;
(2) it is made or authorized by the Council and such approval is
entered in the Council minutes.
Section 6.26. Centralized Purchasing. The Council may, by
ordinance, prescribe procedures for a system of centralized purchas-
ing for the City.
Section 6.27. Sale of City Property, (a) The Council may sell
and convey any real or personal property, except a public utility,
owned or held by the City for governmental or other purposes as
provided by Chapter 37 of Title 36 of the O.C.G.A., relating to
acquisition and disposition of property. A public utility held or owned
by the City may not be sold or conveyed unless the sale or conveyance
is approved by a majority of the qualified voters of the City voting in a
special election which shall be called for that purpose.
(b) The Council may quitclaim any rights it may have in prop-
erty not needed for public purposes upon report by the Mayor and
adoption of a resolution, both finding that the property is not needed
for public or other purposes and that the interest of the City has no
readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street,
avenue, alley or public place of the City, a small parcel or tract of land
is cut off or separated by such work from a larger tract or boundary of
land owned by the City, the Council may authorize the Mayor to
execute and deliver in the name of the City a deed conveying said cut-
off or separated parcel or tract of land to an abutting or adjoining
property owner or owners in exchange for rights-of-way of said street,
avenue, alley or public place or in settlement of any alleged damages
sustained by said abutting or adjoining property owner. All deeds
GEORGIA LAWS 1983 SESSION
3681
and conveyances heretofore and hereafter so executed and delivered
shall convey all title and interest the City has in such property,
notwithstanding the fact that no public sale after advertisement was
or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Eminent Domain. The Council is hereby empow-
ered to acquire, construct, operate and maintain public ways, parks,
public grounds, cemeteries, markets, market houses, public buildings,
libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, airports, hospitals and charitable, educational,
recreational, sport, curative, corrective, detentional, penal and medi-
cal institutions, agencies and facilities and any other public improve-
ments inside or outside the City, and to regulate the use thereof, and
for such purposes, property may be taken under Title 22 of the
O.C.G.A., relating to eminent domain, or any other Georgia law
applicable now or provided in the future.
Section 7.11. Official Bonds. The officers and employees of the
City, both elective and appointive, shall execute such official bonds in
such amounts and upon such terms and conditions as the Council may
from time to time require by ordinance or as may be provided by law.
Section 7.12. Prior Ordinances. All ordinances, bylaws, rules,
and regulations now in force in the City and not inconsistent with this
charter are hereby declared valid and of full effect and force until
amended or repealed by the Council.
Section 7.13. Pending Matters. Except as specifically provided
otherwise by this charter, all rights, claims, actions, orders, contracts,
and legal or administrative proceedings shall continue and any such
ongoing matters shall be dealt with by such City agencies, personnel,
or office as may be provided by the Council.
Section 7.14. Penalties. The violation of any provisions of this
charter for which a penalty is not specifically prescribed by this
charter shall be punishable by a fine of not more than $500.00, by
imprisonment not to exceed 60 days, or both such fine and impris-
onment.
3682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7.15. Construction, (a) Section captions in this charter
are informative only and are not to be considered as a part thereof.
(b) The word shall is intended to be mandatory and the word
may is not.
(c) The word City shall mean the City of Adairsville, Georgia,
and its governing authority.
(d) The word Council shall mean the City Council of this City,
consisting of the Mayor and Aldermen, unless otherwise specified.
(e) The singular shall include the plural and the masculine the
feminine and vice versa.
Section 7.16. 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 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 7.17. Specific Repealer. An Act incorporating the Town
of Adairsville, approved August 27, 1872 (Ga. L. 1872, p. 121), as
amended, is repealed in its entirety.
Section 7.18. Effective Date. This Act shall become effective
upon its approval by the Governor or upon its becoming law without
his approval.
Section 7.19. 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 the following local legislation will be
introduced at the January, 1983, session of the General Assembly of
Georgia:
GEORGIA LAWS 1983 SESSION
3683
An Act to revise and provide a new charter for the City of
Adairsville, to repeal conflicting laws, and for other purposes.
This 3rd day of January, 1983.
/s/ Dennis F. Williams, Mayor
/s/ Donald M. Ayer
/s/ Earl Sutton, Alderman
/s/ Odell Adcock
/s/ Roy W. Fletcher, Alderman
Affidavit.
Georgia, Bartow County.
Personally appeared before me, the undersigned publisher of the
Herald-Tribune News, the official organ of Bartow County, Georgia,
who, on oath, deposes and says that the attached copy of Notice of
Intention to Introduce Local Legislation was published in the Herald-
Tribune on the following dates: February 3, 1983, January 20, 1983
and January 27,1983.
/s/ Charles E. Hurly
Publisher,
Herald-Tribune
Sworn to and subscribed before me,
this 4th day of February, 1983.
/s/ Nancy K. Apgen
Notary Public, Georgia State at Large.
My Commission Expires July 30,1983.
(Seal).
Approved March 14, 1983.
3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PINEHURST MAYOR AND COUNCIL
ELECTION.
No. 44 (Senate Bill No. 266).
AN ACT
To amend an Act creating a new charter for the City of Pinehurst,
approved March 5, 1963 (Ga. L. 1963, p. 2089), so as to change the
provisions relating to the election of the mayor and 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
Pinehurst, approved March 5,1963 (Ga. L. 1963, p. 2089), is amended
by striking the seventh unnumbered paragraph of Section 7 of said
Act, which reads as follows:
The candidate who receives the greatest number of votes shall be
declared elected and it shall be the duty of said election managers to
deliver a certificate of election to each candidate so elected.,
and inserting in lieu thereof a new seventh unnumbered paragraph of
Section 7 to read as follows:
The candidate who receives a majority of the votes cast for an
office shall be declared elected and it shall be the duty of said election
managers to deliver a certificate of election to each candidate so
elected. In the event that no person receives a majority of the votes
cast for an office, a run-off election shall be held as provided in
Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election
Code. Said elections for mayor and city council shall be held in
accordance with the provisions of Chapter 3 of Title 21 of the
O.C.G.A., the Georgia Municipal Elections Code.
GEORGIA LAWS 1983 SESSION
3685
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating a new charter for the City of Pinehurst, approved March 5,
1963 (Ga. L. 1963, p. 2089), so as to provide that the mayor and
members of the council shall be elected by a majority of the votes cast
in any election; and for other purposes.
This 15 day of January, 1983.
F. M. Leaptrot, Mayor,
City of Pinehurst
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 is Senator from the 13th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Vienna News-Observer which is the official
organ of Dooly County, on the following dates: January 19, 26, and
February 2,1983.
/s/ Rooney L. Bowen
Senator,
13th District
3686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF FORT VALLEY MUNICIPAL
COURT POWERS.
No. 45 (House Bill No. 517).
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, particularly by an Act approved April 12, 1982
(Ga. L. 1982, p. 4047), so as to change the provisions relating to
penalties imposed by such court; to change the provisions relating to
powers of such court; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a municipal court in and for the
City of Fort Valley, Georgia, approved August 12,1914 (Ga. L. 1914,
p. 869), as amended, particularly by an Act approved April 12, 1982
(Ga. L. 1982, p. 4047), 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 recorder or mayor or mayor pro tempore of said
city shall have power to impose fines for the violation of any law or
GEORGIA LAWS 1983 SESSION
3687
ordinance of the City of Fort Valley to an amount not exceeding
$500.00, or to imprison offenders in the city jail for a period of not
more than 30 days or to labor on the streets or public works in the city
work gang for not more than 90 days. Either one or all of said
sentences may be imposed in the discretion of the presiding officer.
He shall also have the same power as judges of the superior courts of
the State of Georgia to punish for contempts by a fine not to exceed
$50.00 or imprisonment in the city jail not exceeding 15 days. 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
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 the jail of Peach County 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
1983 Session of the General Assembly of Georgia a bill 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,
particularly by an Act approved April 12,1982, (Ga. L. 1982, p. 4047),
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.
This 21st day of January, 1983.
Robert Ray
Representative,
98th District
3688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Robert Ray, who, on oath, deposes
and says that he 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: January 21,27, and February 3,
1983.
/s/ Robert Ray
Representative,
98th District
Sworn to and subscribed before me,
this 8th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF GAINESVILLE MUNICIPAL COURT
JURISDICTION.
No. 46 (House Bill No. 526).
AN ACT
To amend an Act entitled An Act to amend the charter of the
City of Gainesville, to change the corporate name of said city, to
GEORGIA LAWS 1983 SESSION
3689
abolish the office of mayor and councilmen and certain other offices
of said city created by Legislative Enactment, to provide for a
commission manager form of government for said city, and for other
purposes, approved August 15, 1922 (Ga. L. 1922, p. 834), as
amended, particularly by an Act approved April 11,1979 (Ga. L. 1979,
p. 3302), so as to change the jurisdiction of the Municipal Court of
Gainesville; 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 the charter of the
City of Gainesville, to change the corporate name of said city, to
abolish the office of mayor and councilmen and certain other offices
of said city created by Legislative Enactment, to provide for a
commission manager form of government for said city, and for other
purposes, approved August 15, 1922 (Ga. L. 1922, p. 834), as
amended, particularly by an Act approved April 11,1979 (Ga. L. 1979,
p. 3302), is amended by striking Section 7.12 in its entirety and
substituting in lieu thereof a new Section 7.12 to read as follows:
Section 7.12. Punishment. Upon violation of any law, statute, or
ordinance over which this court has jurisdiction, the judge of this
court shall have the power to impose fines not exceeding $1,000.00
and to impose imprisonment for a period of not more than 12 months,
or both such fine and such imprisonment.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
entitled, An Act to amend the charter of the City of Gainesville, to
change the corporate name of said city, to abolish the office of mayor
and councilmen and certain other offices of said city created by
Legislative Enactment, to provide for a commission manager form of
government for said city, and for other purposes, approved August
15, 1922 (Ga. L. 1922, p. 8341), as amended, so as to change the
3690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
jurisdiction of the Municipal Court of Gainesville; and for other
purposes.
This 17th day of January, 1983.
Commissioners, City
of Gainesville, Georgia
James A. Hartley,Mayor
John W. Morrow, Mayor Pro Tern
Ernest Moore
Randolph Waters
Bob Hamrick
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 is Representative from the 9th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Tribune which is the official organ of Hall
County, on the following dates: January 19,26, and February 2,1983.
/s/ Joe T. Wood
Representative,
9th District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14,1983.
GEORGIA LAWS 1983 SESSION
3691
CITY OF OAKWOOD^ RECORDERS COURT
MAXIMUM FINES.
No. 47 (House Bill No. 527).
AN ACT
To amend an Act creating a new charter for the City of Oakwood,
approved March 9, 1979 (Ga. L. 1979, p. 3089), so as to increase the
maximum fine which may be imposed by the Recorders Court of the
City of Oakwood; 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
Oakwood, approved March 9,1979 (Ga. L. 1979, p. 3089), is amended
by striking subsection (d) of Section 4.3 in its entirety and substitut-
ing in lieu thereof a new subsection (d) to read as follows:
(d) The recorders 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 street, sidewalks, squares, or other
public works for a period not exceeding 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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
creating a new charter for the City of Oakwood, approved March 9,
3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1979 (Ga. L. 1979, p. 3069), so as to increase the maximum fine which
may be imposed by the Recorders Court of the City of Oakwood; and
for other purposes.
This 12th day of January, 1983.
Mayor and City Council
of Oakwood, Georgia
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 is Representative from the 9th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Tribune which is the official organ of Hall
County, on the following dates: January 12,19,26,1983.
/s/ Joe T. Wood
Representative,
9th District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3693
CITY OF FLOWERY BRANCH MAYORS COURT
MAXIMUM FINES.
No. 48 (House Bill No. 539).
AN ACT
To amend an Act creating a new charter for the City of Flowery
Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended,
so as to increase the maximum fine which may be imposed by the
Mayors Court of the City of Flowery Branch; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Flowery
Branch, approved April 11,1979 (Ga. L. 1979, p. 3404), as amended, is
amended by striking subsection (d) of Section 4.3 in its entirety and
substituting in lieu thereof a new subsection (d) to read as follows:
(d) The mayors 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 street, sidewalks, squares, or other public
works for a period not exceeding 60 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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating a new charter for the City of Flowery Branch, approved April
11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to increase the
maximum fine which may be imposed by the Mayors Court of the
City of Flowery Branch; and for other purposes.
3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 19th day of January, 1983.
Mayor and City Council
Flowery Branch, Georgia
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 is Representative from the 9th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Tribune which is the official organ of Hall
County, on the following dates: January 19,26, and February 2,1983.
/s/ Joe T. Wood
Representative,
9th District
Sworn to and subscribed before me,
this 8th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3695
BROOKS COUNTY SPECIAL FIRE PROTECTION
DISTRICTS.
No. 49 (House Bill No. 540).
AN ACT
To amend an Act authorizing the governing authority of Brooks
County to establish special fire protection districts, approved April
11,1979 (Ga. L. 1979, p. 4087), so as to limit the amount of property
which shall be subject to the special tax; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the governing authority of Brooks
County to establish special fire protection districts, approved April
11, 1979 (Ga. L. 1979, p. 4087), is amended by striking Section 1 of
said Act in its entirety and substituting in lieu thereof a new Section 1
to read as follows:
Section 1. (a) The governing authority of Brooks County is
hereby authorized to establish special fire protection districts
throughout the county and to levy, subject to subsection (b) of this
section, upon the taxable property therein for the purpose of con-
structing, obtaining, and maintaining fire protection facilities there-
for.
(b) In each special fire protection district, the number of acres of
any taxpayer subject to the tax authorized by subsection (a) of this
section shall be limited to 200 acres.
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 1983
session of the General Assembly a bill amending an Act authorizing
3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the governing authority of Brooks County to establish special fire
protection districts; and for other purposes, approved April 11,1979
(Ga. L. 1979, p. 4087); and for other purposes.
This the 19 day of January, 1983.
Henry L. Reaves
Representative,
147th District
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 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: January 19,
26, and February 2,1983.
/s/ Henry L. Reaves
Representative,
147th District
Sworn to and subscribed before me,
this 9th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3697
WILKINSON COUNTY COMPENSATION OF
MEMBERS OF BOARD OF COMMISSIONERS.
No. 50 (House Bill No. 557).
AN ACT
To amend an Act creating the board of commissioners of
Wilkinson County, approved February 28,1933 (Ga. L. 1933, p. 777),
as amended, particularly by an Act approved March 4, 1953 (Ga. L.
1953, Jan.-Feb. Sess., p. 3237) and an Act approved April 11, 1979
(Ga. L. 1979, p. 3267), so as to change the compensation of the
members of the board of commissioners; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of
Wilkinson County, approved February 28,1933 (Ga. L. 1933, p. 777),
as amended, particularly by an Act approved March 4,1953 (Ga. L.
1953, Jan.-Feb. Sess., p. 3237) and an Act approved April 11, 1979
(Ga. L. 1979, p. 3267), is amended by striking Section 7 which reads
as follows:
Section 7. The said commissioners shall hold monthly meetings
at the courthouse in said county on the first Tuesday in each month;
that a majority of such commissioners shall be necessary to constitute
a quorum of said board, and the concurrence of such majority shall be
necessary to pass any order or decree. The members of the Board of
Commissioners of Wilkinson County shall receive one hundred
($100.00) dollars per month as compensation for their services. That
said commissioners are hereby given the right, when they deem
necessary, to employ a clerk of said board, also an attorney for said
county. The salary of said clerk and attorney shall be fixed by said
board of commissioners. Said clerk and attorney shall hold office at
the will of the commissioners.,
in its entirety and inserting in lieu thereof a new Section 7 to read as
follows:
Section 7. The commissioners shall hold monthly meetings at
the courthouse in the county on the first Tuesday in each month. A
3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
majority of the commissioners shall be necessary to constitute a
quorum of the board. The concurrence of a majority shall be
necessary to pass any order or decree. The members of the board of
commissioners of Wilkinson County shall each receive $200.00 per
month as compensation for their services. The board of commis-
sioners are authorized, when they deem necessary, to employ a clerk
of the board and an attorney for the county. The salary of the clerk
and attorney shall be fixed by the board of commissioners. The clerk
and attorney shall hold office at the will of the 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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating the Board of Commissioners of Wilkinson County, approved
February 28, 1933, (Ga. L. 1933, p. 777), as amended; and for other
purposes.
This 17th day of January, 1983.
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 is Representative from the 104th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Wilkinson County News which is the
official organ of Wilkinson County, on the following dates: January
20,27, and February 3,1983.
GEORGIA LAWS 1983 SESSION
3699
/s/ Kenneth W. Birdsong
Representative,
104th District
Sworn to and subscribed before me,
this 9th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
WILKINSON COUNTY BOARD OF
COMMISSIONERS ELECTION
MEETINGS, ETC.
No. 51 (House Bill No. 558).
AN ACT
To amend an Act creating the Board of Commissioners of
Wilkinson County, approved February 28,1933 (Ga. L. 1933, p. 777),
as amended, so as to change the provisions relating to the election of
the members of the board; to provide for the election of chairman of
the board; to change the provisions relative to Riling vacancies; to
change the provisions relating to compensation and expenses of the
members of the board; to change the provisions relating to meetings
of the board; to provide for other matters relative to the foregoing; to
provide effective dates; to repeal conflicting laws; to provide for the
submission of this Act to the United States Department of Justice;
and for other purposes.
3700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of
Wilkinson County, approved February 28,1933 (Ga. L. 1933, p. 777),
as amended, is amended by striking Sections 1 through 4 in their
entirety and substituting in lieu thereof new Sections 1 through 4 to
read as follows:
Section 1. The governing authority of Wilkinson County shall be
a board of commissioners consisting of a chairman and four addi-
tional 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 Wilkinson County and shall be elected
by a majority of the qualified electors of Wilkinson 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 Wilkinson
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, Wilkinson County shall be divided into four
commissioner districts as follows:
Commissioner District No. 1
Wilkinson
Tract 9902
That part of Block 302 inside
the City of Gordon
Blocks 303 through 306
That part of Block 313 inside
the City of Gordon
Blocks 315 and 316
That part of Block 317 inside
the City of Gordon
Blocks 318 through 334
That part of Block 335 inside
the City of Gordon
Blocks 401 through 408,
410 through 421, and 429 through 434
That part of Block 441 inside
the City of Gordon
GEORGIA LAWS 1983 SESSION
3701
Block 450
Commissioner District No. 2
Wilkinson
Tract 9901
Blocks 103, 104, 110 through 113,:
and 120
That part of Block 121 outside
the City of McIntyre
Block 122
That part of Block 206 outside
the City of McIntyre
Blocks 207 through 210
That part of Block 211 outside
the City of McIntyre
Block 212
Tract 9902
Group 1
Blocks 201 through 243
Block 301
That part of Block 302 outside
the City of Gordon
Blocks 307 through 312
That part of Block 313 outside
the City of Gordon
Block 314
Those parts of Blocks 317 and 335
outside the City of Gordon
Blocks 422 through 428 and
435 through 440
That part of Block 441 outside
the City of Gordon
Blocks 508 and 509
Commissioner District No. 3
Wilkinson
Tract 9901
Those parts of Blocks 219
and 221 inside the City
of Irwinton
Blocks 228 through 230, 232,
and 233
3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 301 through 303
Block 401
That part of Block 403 inside
the City of Irwinton
Blocks 408 through 410 and
414 through 432
Block Group 5
Tract 9902
Those parts of Blocks 506 and
507 outside the City of
Irwinton
Blocks 510 through 520
Block Groups 6 and 7
Commissioner District No. 4
Wilkinson
Tract 9901
Blocks 101, 102, 105 through
109, and 114 through 119
That part of Block 121 inside
the City of Irwinton
Blocks 123 and 124
Blocks 201 through 205
Those parts of Blocks 206 and
211 inside the City of McIntyre
Blocks 213 through 218
That part of Block 219 inside
the City of McIntyre
That part of Block 219 outside
the City of Irwinton
Block 220
That part of Block 221 inside
the City of McIntyre
That part of Block 221 outside
the City of Irwinton
Blocks 222 through 227
Blocks 304 through 312
Block 402
That part of Block 403 inside
the City of Toomsboro
That part of Block 403 outside
the City of Toomsboro
Blocks 404 through 407 and
GEORGIA LAWS 1983 SESSION
3703
411 through 413
Tract 9902
Blocks 501 through 505
Those parts of Blocks 506 and
507 inside the City of Irwinton
(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 Wilkinson. 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 Wilkinson County which is not included in any commis-
sioner 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.
(c) 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 Wilkinson County for at least two
years prior to the election. A district commissioner shall remain a
resident of the respective commissioner district during the term for
which elected. Each district commissioner shall be elected by a
majority of the qualified electors voting within each respective com-
missioner district. A candidate for district commissioner shall specify
the commissioner district for which the candidate is offering. The
chairman and all other members of the board shall be nominated and
elected in accordance with the provisions of Chapter 2 of Title 21 of
the Official Code of Georgia Annotated, known as the Georgia
Election Code.
(d) The first members of the board of commissioners provided
for by this Act 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 pre-
ceding the expiration of the terms of office and shall take office on the
first day of January immediately following their election for terms of
four years and until their successors are elected and qualified.
3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. 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 4. (a) If a vacancy occurs in the district membership of
the board of commissioners by death, resignation, removal from the
commissioner district from which elected, or for any other reason,
such vacancy shall be filled by the remaining members of the board
appointing a qualified person to fill such vacancy for the unexpired
term.
(b) If a vacancy occurs in the office of chairman of the board by
death, resignation, removal from Wilkinson County, or for any other
reason and:
(1) The remaining term is six months or less, the remaining
members shall elect one of their number to serve for the remaining
term; or
(2) The remaining term is more than six months, the elec-
tion superintendent, within 15 days after the vacancy occurs, shall
issue the call for a special election at which a qualified person shall
be elected to serve for the remaining term. Such special election
shall be called 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.
Section 2. Said Act is further amended by striking Sections 7
and 7A in their entirety and substituting in lieu thereof new Sections
7 and 7A to read as follows:
Section 7. (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 Wilkinson 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 Wilkinson County.
(c) In addition to compensation provided for in subsections (a)
and (b) of this section, the chairman and other members of the board
GEORGIA LAWS 1983 SESSION
3705
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<t per mile. All expenses provided for
herein shall be paid from the funds of Wilkinson County.
Section 7A. (a) The board of commissioners shall hold regular
meetings at the courthouse of Wilkinson County on the first and third
Tuesday of each month. Other meetings of the board may be held on
the call of the chairman.
(b) A majority of the board of commissioners shall constitute a
quorum for the transaction of business, but the affirmative vote of a
majority of the board shall be necessary for the board to take official
action.
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 Wilkinson County at the 1986 general election shall
be effective on and after January 1,1986. This Act shall be effective
for all purposes on or after January 1,1987.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Section 5. It shall be the duty of the Board of Commissioners of
Wilkinson 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
county attorney of Wilkinson County to submit this Act to the United
States Department of Justice 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 Department of Justice shall be made
within 20 days after the date this Act is approved by the Governor or
it otherwise becomes law.
3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating the Board of Commissioners of Wilkinson County, approved
February 28, 1933, (Ga. L. 1933, p. 777), as amended; and for other
purposes.
This 17th day of January, 1983.
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 is Representative from the 104th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Wilkinson County News which is the
official organ of Wilkinson County, on the following dates: January
20,27, and February 3,1983.
/s/ Kenneth W. Birdsong
Representative,
104th District
Sworn to and subscribed before me,
this 9th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3707
CITY OF WINTERVILLE POLICE COURT
PUNISHMENT AUTHORITY.
No. 52 (House Bill No. 564).
AN ACT
To amend an Act creating a new charter for the City of Winterville
(formerly Town of Winterville), approved March 4,1955 (Ga. L. 1955,
p. 2794), as amended by an Act approved March 9,1959 (Ga. L. 1959,
p. 2399) and an Act approved April 9,1973 (Ga. L. 1973, p. 2597), so as
to change certain provisions relating to the police court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of
Winterville (formerly Town of Winterville), approved March 4,1955
(Ga. L. 1955, p. 2794), as amended by an Act approved March 9,1959
(Ga. L. 1959, p. 2399) and an Act approved April 9,1973 (Ga. L. 1973,
p. 2597), is amended by striking Section 21 in its entirety and
inserting in lieu thereof a new Section 21 to read as follows:
Section 21. The mayor, mayor pro tem, or such other person
elected by the mayor and council as the presiding officer of said police
court shall have the power to impose fines for the offense of breaking
the laws or ordinances of said city in an amount not to exceed
$1,000.00, or to imprison offenders for a period of not more than 30
days, or to labor on the public works or the streets of said city for a
period of not more than 90 days. He shall have the power to punish
for contempt by a fine not to exceed $50.00 or imprisonment not to
exceed 30 days. He shall have the power of 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, and to try and to commit the offender to
jail in Clarke County, or admit them to bail, for their appearance at
the next term of the court of competent jurisdiction to be held in and
for said county.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an act
creating a new charter for the City of Winterville (formerly Town of
Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as
amended, so as to change certain provisions relative to the Police
Court; and for other purposes.
This 13th day of January, 1983.
Albert L. Stone, Jr.
City Attorney for the
City of Winterville
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 is Representative from the 13th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Athens Banner-Herald which is the
official organ of Clarke County, on the following dates: January 21,
28, and February 4,1983.
/s/ Louie Max Clark
Representative,
13th District
GEORGIA LAWS 1983 SESSION
3709
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
DEKALB COUNTY STATE COURT ASSISTANT
SOLICITORS RESIDENCY REQUIREMENTS DELETED.
No. 53 (House Bill No. 574).
AN ACT
To amend an Act creating the State Court of DeKalb County
(formerly the Civil and Criminal Court of DeKalb County), approved
February 14,1951 (Ga. L. 1951, p. 2401), as amended, particularly by
an Act approved April 6,1981 (Ga. L. 1981, p. 4108), so as to remove
certain county residency requirements; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of DeKalb County
(formerly the Civil and Criminal Court of DeKalb County), approved
February 14,1951 (Ga. L. 1951, p. 2401), as amended, particularly by
an Act approved April 6, 1981 (Ga. L. 1981, p. 4108), is amended by
striking from Section 6A thereof the following:
shall have been a resident of DeKalb County at least one year
prior to his appointment,,
3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended said Section 6A shall read as follows:
Section 6A. The solicitor of the State Court of DeKalb County
shall have authority to appoint five assistant solicitors. Such assistant
solicitors may be removed by the solicitor. Each of said assistant
solicitors shall be at least 21 years of age at the time of his or her
appointment and shall be a member of the State Bar of Georgia. The
salary of said assistant solicitors shall be fixed by the board of
commissioners of DeKalb County at not less than $6,000.00 per
annum, to be paid monthly out of the county treasury as an expense
of the court.
Section 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 of intention to apply for local legislation at
the regular session of the General Assembly of Georgia, 1983, such
legislation being an act to amend an Act approved February 14,1951,
(Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and
Acts amendatory thereto, and as amended (being the State Court of
DeKalb County), so as to provide for the elimination of the residency
requirement for Assistant Solicitors; to repeal conflicting laws; and
for other purposes.
This 3rd day of January, 1983.
Ralph T. Bowden
Solicitor, State Court
of DeKalb County, Georgia
GEORGIA LAWS 1983 SESSION
3711
Publishers Certificate.
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-pub-
lisher of Decatur-DeKalb News/Era, a newspaper published at Deca-
tur, County of DeKalb, State of Georgia who, being duly sworn, states
on oath that the report of Local Legislation-Civil Court-DeKalb
County-residency requirement for assistant solicitor, a true copy of
which is hereto annexed, was published in said newspaper in its issue
of the 6,13, 20th days of January, 1983.
/s/ Gerald W. Crane
Co-Publisher
Sworn to and subscribed before me,
this 20th day of January, 1983.
/s/ Linda L. Orr
Notary Public.
My Commission Expires June 21, 1985.
(Seal).
Approved March 14, 1983.
TERRELL COUNTY SMALL CLAIMS COURT COSTS.
No. 54 (House Bill No. 612).
AN ACT
To amend an Act creating and establishing a Small Claims Court
of Terrell County, approved February 16,1979 (Ga. L. 1979, p. 3012),
3712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as amended, so as to change the provisions relating to costs in certain
cases of garnishment; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Small Claims
Court of Terrell County, approved February 16,1979 (Ga. L. 1979, p.
3012), as amended, is 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 claims, shall deposit the sum
of $10.00 with the court which shall cover all costs of the proceeding
except the cost of service of the notice. The deposit of cost in cases of
attachment or trover shall be $10.00, and the deposit of cost in cases
of garnishment shall be $12.50; provided, however, that the deposit of
cost in cases of continuing garnishment as provided in Article 6 of
Chapter 4 of Title 18 of the O.C.G.A. shall be $70.00. 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 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
1983 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 is the 13th day of January, 1983.
GEORGIA LAWS 1983 SESSION
3713
Judge Stun 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 is Representative from the 131st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Dawson News which is the official organ of
Terrell County, on the following dates: January 6,13,20,1983.
/s/ Bob Hanner
Representative,
131st District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JONES COUNTY COMPENSATION OF CHAIRMAN
AND MEMBERS OF BOARD OF EDUCATION.
No. 55 (House Bill No. 656).
AN ACT
To amend an Act creating a new board of education of Jones
County, approved April 10,1971 (Ga. L. 1971, p. 3396), 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 a new board of education of Jones
County, approved April 10,1971 (Ga. L. 1971, p. 3396), is amended by
striking Section 4 in its entirety and substituting in lieu thereof a new
Section 4 to read as follows:
Section 4. The members of the board of education, other than
the chairman, shall be compensated in the amount of $100.00 per
month for their services. The chairman shall be compensated in the
amount of $125.00 per month for service as chairman. The members
and chairman shall be reimbursed for actual and necessary expenses
incurred by them when traveling out of the county on official busi-
ness.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
GEORGIA LAWS 1983 SESSION
3715
creating a new Board of Education of Jones County, approved April
10,1971 (Ga. L. 1971, p. 3396), so as to set the compensation for the
chairman and members of the board of education, and for other
purposes.
This 24th day of January, 1983.
Kenneth W. Birdsong
Representative,
104th District
Kenneth Waldrep
Representative,
80th 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 is Representative from the 104th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Jones County News which is the
official organ of Jones County, on the following dates: January 27,
February 3,10,1983.
/s/ Kenneth W. Birdsong
Representative,
104th District
Sworn to and subscribed before me,
this 15th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
RABUN COUNTY COMPENSATION OF CHAIRMAN
AND MEMBERS OF BOARD OF COMMISSIONERS.
No. 56 (House Bill No. 668).
AN ACT
To amend an Act creating the board of commissioners of Rabun
County, approved March 26,1969 (Ga. L. 1969, p. 2397), as amended,
particularly by an Act approved March 19, 1974 (Ga. L. 1974, p.
2206), so as to change the compensation of the chairman and mem-
bers of the board of commissioners; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of
Rabun County, approved March 26, 1969 (Ga. L. 1969, p. 2397), as
amended, particularly by an Act approved March 19, 1974 (Ga. L.
1974, p. 2206), is amended by striking Section 7, which reads as
follows:
Section 7. The two members of the board other than the
chairman shall be compensated in the amount of Two Hundred
Dollars ($200.00) per month and the Chairman shall be compensated
in the amount of Three Hundred Fifty Dollars ($350.00) per month,
such compensation to be paid in equal monthly installments from the
funds of Rabun County. Each member of the board and the Chair-
man shall be compensated for actual expenses incurred while on
official business of the county, and which reimbursement for
expenses shall be approved by the board prior to payment.,
in its entirety and inserting in lieu thereof a new Section 7 to read as
follows:
GEORGIA LAWS 1983 SESSION
3717
Section 7. The two members of the board other than the
chairman shall be compensated in the amount of $300.00 per month
and the chairman shall be compensated in the amount of $450.00 per
month, such compensation to be paid in equal monthly installments
from the funds of Rabun County. Each member of the board and the
chairman shall be compensated for actual expenses incurred while on
official business of the county, which reimbursement for expenses
shall be approved by the board prior to payment.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
establishing the Rabun County Board of Commissioners (Ga. L. 1969,
page 2397), as amended; to change the compensation of members of
the Board of Commissioners; and for other purposes.
This 24th day of January, 1983.
Affidavit of Publication.
Georgia, Rabun County.
Personally appeared before the undersigned officer duly autho-
rized under the laws of Georgia to administer oaths, James Wallace,
Publisher who on oath deposes and says that he is the publisher of
The Clayton Tribune, a newspaper published in Clayton, Georgia, of
general circulation, and that the attached advertisement has been
published in The Clayton Tribune once a week for 3 weeks in the
regular issues of 1/27/83,2/03/83, and 2/10/83.
3718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ James Wallace
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Marilyn Rogers
Notary Public, Rabun County, Georgia.
My Commission Expires April 30,1983
(Seal).
Approved March 14, 1983.
DAWSON COUNTY ETOWAH WATER AND SEWER
AUTHORITY MEMBERS QUALIFICATIONS AND
MANNER OF ELECTING.
No. 57 (House Bill No. 673).
AN ACT
To amend an Act creating the Etowah Water and Sewer Author-
ity, approved March 18,1980 (Ga. L. 1980, p. 3407), so as to change
the qualifications necessary for election to membership on the
authority; to change the provisions relative to the Riling of 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 Etowah Water and Sewer Author-
ity, approved March 18, 1980 (Ga. L. 1980, p. 3407), is amended by
striking from Section 2 subsections (c) and (f), which read as follows:
(c) To be eligible for election as a member of the Authority a
person shall be at least 21 years of age, a resident of Dawson County
GEORGIA LAWS 1983 SESSION
3719
for at least two years prior to the date of his election, shall not have
been convicted of a felony and at the time of election, shall be a user of
the facilities of the Authority. The provisions of this subsection shall
not apply to the initial members of the Authority appointed under the
provisions of this Section.
(f) In the event of a vacancy by reason of death, disquali-
fication, resignation or other reason, the remaining members of the
Authority shall elect, by majority vote, a qualified person to fill the
vacancy until the next annual election by the users of the system, at
which time the users of the system shall elect a qualified person to fill
the remaining unexpired term of the member whose position has been
vacated. A vacancy shall exist in the office of any member of the
Authority who is convicted of a felony, who moves his residence from
Dawson County, or who is indicted or charged with any act of
misfeasance, malfeasance, or nonfeasance by the Dawson County
Grand Jury, acting in its sole discretion. If, for any reason whatso-
ever, the users of the system shall fail to elect a member at any annual
meeting to replace a member whose term expires, the remaining
members of the Authority shall elect, by majority vote, a duly
qualified person as a member of the Authority to serve until the next
annual meeting of the users.,
and inserting in their respective places new subsections (c) and (f) to
read as follows:
(c) To be eligible for election as a member of the Authority, a
person shall be at least 21 years of age, a resident of Dawson County
for at least two years prior to the date of his election, or a resident for
two years prior to the date of his election of a county adjoining
Dawson County, provided the project has been extended into such
adjoining county by the Authority, shall not have been convicted of a
felony, and, at the time of election, shall be a user of the facilities of
the Authority. The provisions of this subsection shall not apply to the
initial members of the Authority appointed under the provisions of
this section.
(f) Should the initial term of any member of the Authority
expire before there are any users of the facilities, the remaining
members of the Authority shall elect, by majority vote, a person who
is otherwise duly qualified as a member of the Authority to serve until
the first annual meeting of the users. In the event of a vacancy by
reason of death, disqualification, resignation, or other reason, the
3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
remaining members of the Authority shall elect, by majority vote, a
qualified person to fill the vacancy until the next annual election by
the users of the system, at which time the users of the system shall
elect a qualified person to fill the remaining unexpired term of the
member whose position has been vacated. A vacancy shall exist in the
office of any member of the Authority who is convicted of a felony,
who moves his residence from Dawson County or from any adjoining
county into which the project has been extended by the Authority or
who is indicted or charged with any act of misfeasance, malfeasance,
or nonfeasance by the Dawson County Grand Jury, acting in its sole
discretion. If, for any reason whatsoever, the users of the system shall
fail to elect a member at any annual meeting to replace a member
whose term expires, the remaining members of the Authority shall
elect, by majority vote, a duly qualified person as a member of the
Authority to serve until the next annual meeting of the users.
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
1983 Session of the General Assembly of Georgia, a bill to amend the
Act creating the Etowah Water and Sewer Authority.
This the 17th day of January, 1983.
Joe T. Wood
Representative,
9th District, Post 1
Bobby Lawson
Representative,
9th District, Post 2
Jerry Jackson
Representative,
9th District, Post 3
GEORGIA LAWS 1983 SESSION
3721
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 is Representative from the 9th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Dawson County Advertiser which is the official
organ of Dawson County, on the following dates: January 20, 27, and
February 3,1983.
/s/ Joe T. Wood
Representative,
9th District
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
WALKER COUNTY PROBATE JUDGE MAXIMUM
COMPENSATION OF PERSONNEL.
No. 58 (House Bill No. 677).
AN ACT
To amend an Act placing the probate judge of Walker County on a
salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as
3722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved March 25, 1980 (Ga. L.
1980, p. 3939), so as to change the maximum amount of compensation
of personnel; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the probate judge of Walker County
on a salary basis, approved January 27,1964 (Ga. L. 1964, p. 2014), as
amended, particularly by an Act approved March 25, 1980 (Ga. L.
1980, p. 3939), is amended by striking from Section 4 the figure
$20,000.00 and inserting in its place the figure $21,000.00, so that
when so amended said section shall read as follows:
Section 4. The above named officer shall have authority to
appoint his deputies, clerks, assistants, and other personnel. Said
judge of the probate court shall have the authority to set the salary of
his deputies, clerks, assistants, and other personnel. The combined
salaries of said deputies, clerks, assistants, or other personnel
appointed by said officer shall not exceed the total sum of $21,000.00
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
1983 session of the General Assembly of Georgia, a bill to amend an
Act placing the Probate Judge of Walker County on an annual salary,
approved Jan. 27,1964, (Ga. Laws 1964, page 2014), as amended; and
for other purposes, this 17th day of Jan., 1983.
GEORGIA LAWS 1983 SESSION
3723
Wayne Snow
Representative,
District 1, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wayne Snow, Jr., who, on oath,
deposes and says that he is Representative from the 1st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Walker County Messenger which is
the official organ of Walker County, on the following dates: January
19,28, and February 2,1983.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WALKER COUNTY SUPERIOR COURT CLERK
MAXIMUM COMPENSATION OF PERSONNEL.
No. 59 (House Bill No. 679).
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 12,1982
(Ga. L. 1982, p. 4421), so as to change the maximum compensation of
personnel of the clerks office; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of superior court of Walker
County on an annual salary, approved January 27,1964 (Ga. L. 1964,
p. 2024), as amended, particularly by an Act approved April 12,1982
(Ga. L. 1982, p. 4421), is amended by striking subsection (a) of
Section 4 which reads as follows:
(a) The above named officer shall have authority to appoint his
deputies, clerks, assistants and other personnel. Said clerk shall have
the authority to set the salary of his deputies, clerks, assistants and
other personnel. The combined salaries of said deputies, clerks,
assistants and other personnel appointed by said officer shall not
exceed the total sum of $55,000.00 per year. Each deputy, clerk,
assistant or other personnel shall be paid monthly from the general
funds of Walker County, Georgia.,
and inserting in its place a new subsection to read as follows:
(a) (1) The above named officer shall have authority to
appoint his deputies, clerks, assistants, and other personnel. Said
clerk shall have the authority to set the salary of his deputies,
clerks, assistants, and other personnel. The combined salaries of
said deputies, clerks, assistants, and other personnel appointed by
said officer shall not exceed the total sum of $55,000.00 per year.
Each deputy, clerk, assistant, or other personnel shall be paid
monthly from the general funds of Walker County, Georgia.
GEORGIA LAWS 1983 SESSION
3725
(2) Notwithstanding the limitation contained in paragraph
(1) of this subsection, on and after the effective date of this
paragraph the deputy clerk of superior court shall be compensated
by an annual salary of $13,100.00 and the clerk of superior court
may increase the compensation of the other personnel of his office
by an amount not to exceed 5.23 percent.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 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 Jan. 27,1964 (Ga. Laws 1964, page 2024), as
amended; and for other purposes, this 17th day of Jan., 1983.
Wayne Snow
Representative,
District 1, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wayne Snow, Jr., who, on oath,
deposes and says that he is Representative from the 1st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Walker County Messenger which is
the official organ of Walker County, on the following dates: January
19,28, and February 2,1983.
3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
DEKALB COUNTY STATE COURT CLERKS
DUTIES RE. DOCKETING DOCUMENTS.
No. 60 (House Bill No. 752).
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 clerk of court to assign docket numbers to certain
documents and to then forward a copy of such documents to the
solicitor of the court; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of DeKalb County,
approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is
amended by adding immediately following Section 11B thereof a new
Section llC to read as follows:
GEORGIA LAWS 1983 SESSION
3727
Section 11C. The clerk of court is authorized to receive all
misdemeanor arrest warrants, uniform traffic citations, bind over
slips, and other documents formally charging an individual with a
misdemeanor offense. The clerk shall assign a docket number to each
such document and shall forward a copy of each such document to the
solicitor of the court.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for local legislation at
the regular session of the General Assembly of Georgia, 1983, such
legislation being an act to amend an Act approved February 14,1951,
(Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and
Acts amendatory thereto, and as amended (being the State Court of
DeKalb County), authorizing the Clerk to number and file all misde-
meanor arrest warrants, uniform traffic citations, and bindover slips
forwarded to the State Court of DeKalb County and to forward such
to the solicitor of said court; to repeal conflicting laws; and for other
purposes.
This 17th day of January, 1983.
Kenneth Cheek
Clerk, State Court of
DeKalb County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Frank L. Redding, Jr., who, on oath,
deposes and says that he is Representative from the 50th District, and
3728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Decatur-DeKalb News/Era which is
the official organ of DeKalb County, on the following dates: January
20,27 and February 3,1983.
/s/ Frank L. Redding, Jr.
Representative,
50th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 14, 1983.
BULLOCH COUNTY COMPENSATION OF CHAIRMAN
AND MEMBERS OF BOARD OF COMMISSIONERS.
No. 62 (House Bill No. 770).
AN ACT
To amend an Act creating the board of commissioners of Bulloch
County, approved August 11,1924 (Ga. L. 1924, p. 290), as amended,
particularly by an Act approved March 31,1976 (Ga. L. 1976, p. 3757),
so as to change the compensation of the chairman and other members
of the board; to provide that this Act shall become effective January
1,1985; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
3729
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of
Bulloch County, approved August Mf 1924 (Ga. L. 1924, p. 290), as
amended, particularly by an Act approved March 31, 1976 (Ga. L.
1976, p. 3757), is amended by striking subsection (a) of Section 2
which reads as follows:
(a). The salary of the chairman and clerk of said board shall be
$16,000 per annum, payable in equal monthly installments, and the
salary of the other two board members shall be $2,400 per annum,
payable in equal monthly installments. The chairman and clerk shall
devote full time to the duties of said office. The board shall have the
right to furnish an automobile for the chairman and clerk to provide
for his transportation while on county business.,
and inserting in its place a new subsection to read as follows:
(a). The salary of the chairman and clerk of said board shall be
$25,000.00 per annum, payable in equal monthly installments, and
the salary of the other two members shall be $3,600.00 per annum,
payable in equal monthly installments. The chairman and clerk shall
devote full time to the duties of said office. The board shall have the
right to furnish an automobile for the chairman and clerk to provide
for his transportation while on county business.
Section 2. This Act shall become effective January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice to The Public.
The public is notified that there will be introduced in the 1983
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of the Chairman and Members of Bulloch
County Board of Commissioners and of the Coroner of Bulloch
County, Georgia.
It is contemplated that the changes in compensation will be an
increase for those concerned, to be effective with the term beginning
January 1,1985.
3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This January 13,1983.
John F. Godbee
Representative,
District 110
Bob Lane
Representative,
District 111
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Lane, who, on oath, deposes and
says that he is Representative from the 111th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Statesboro Herald which is the official organ of
Bulloch County, on the following dates: January 14,21,28,1983.
/s/ Bob Lane
Representative,
111th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3731
BULLOCH COUNTY COMPENSATION OF CLERICAL
ASSISTANTS TO BOARD OF COMMISSIONERS.
No. 63 (House Bill No. 771).
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 April 12,1982 (Ga. L. 1982, p. 4493),
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 April 12,1982 (Ga. L. 1982, p. 4493),
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 authorized to
employ an assistant clerk, who may be compensated in an amount not
to exceed $12,075.00 per annum, and an additional clerical assistant,
who may be compensated in an amount not to exceed $10,111.00 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.
Notice to the Public.
The public is notified that there will be introduced in the 1983
Session of the General Assembly of Georgia a bill to provide for
3732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners Office; and Office of the
Clerk of Bulloch County Superior Court.
It is contemplated that the changes in compensation will be an
increase for those concerned, to be effective on the first day of the
month following approval by the Governor of Georgia.
This January 29,1983.
Robert Emory Lane
Representative,
District 111
John F. Godbee
Representative,
District 110
Joseph E. Kennedy
Senator,
District 4
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee, who, on oath,
deposes and says that he is Representative from the 110th 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: February 3,
10,17,1983.
/s/ John F. Godbee
Representative,
110th District
GEORGIA LAWS 1983 SESSION
3733
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
BOARDS OF COUNTY COMMISSIONERS IN
CERTAIN COUNTIES (9,365 - 9,385).
No. 64 (House Bill No. 787).
AN ACT
To repeal specifically an Act providing for boards of commis-
sioners in counties 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, approved April 12,1982 (Ga. L. 1982,
p. 4606); to provide 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 boards of commissioners in
counties 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, approved April 12,1982 (Ga. L. 1982, p. 4606), is
repealed in its entirety.
Section 2. This Act shall become effective only if a local Act is
passed at the 1983 regular session of the General Assembly so as to
provide for a board of commissioners of Bacon County, in which event
3734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
this Act shall become effective upon the first effective date of that
local Act; otherwise, this Act shall be void and of no force or effect.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1983.
HARALSON COUNTY PROBATE JUDGE H
COMPENSATION.
No. 65 (House Bill No. 796).
AN ACT
To amend an Act placing the sheriff and the ordinary of Haralson
County on an annual salary in lieu of the fee system of compensation,
approved February 28, 1966 (Ga. L. 1966, p. 2259), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3935), so
as to change the compensation of the probate judge of Haralson
County (formerly ordinary of Haralson County); to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff and the ordinary of
Haralson County on an annual salary in lieu of the fee system of
compensation, approved February 28,1966 (Ga. L. 1966, p. 2259), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3935), is amended by striking from Section 3 the following:
$18,000.00,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
3735
$21,000.00,
so that when so amended Section 3 shall read as follows:
Section 3. The probate judge of Haralson County shall receive an
annual salary of $21,000.00 payable in equal monthly installments
from the funds of Haralson County. In addition, he shall continue to
receive $50.00 per month for holding and conducting elections and
$100.00 per month for handling traffic cases as provided for by an Act
fixing minimum salaries for judges of the probate courts, approved
April 5,1978 (Ga. L. 1978, p. 1953).
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to change the
compensation of the Probate Judge of Haralson County; and for other
purposes.
This 10 day of January, 1983.
/s/ W. Harold Blackmon
3736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit.
Georgia, Haralson County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Haralson County Tribune legal organ for Haralson
County.
The following dates, to-wit: January 6,13,20, and 27,1983.
Sworn to on the 21st
day of February, 1983.
/s/ Stanley Parkman*
Publisher
Sworn to and subscribed before me,
oh the 21st day of February, 1983.
/s/ Lisa Y. Mayes
Notary Public, Georgia State at Large.
My Commission Expires June 3, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3737
CLAYTON COUNTY COMPENSATION OF SHERIFF,
CLERK OF SUPERIOR COURT AND DEPUTIES.
No. 66 (House Bill No. 491).
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 April 12, 1982 (Ga. L. 1982, p. 4478), 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.
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 April 12,1982 (Ga. L. 1982, p. 4478), is amended by striking
from Section 1 the following:
$29,305.00,
and inserting in lieu thereof the following:
$30,770.25,
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 $30,770.25 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.
3738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking from subsec-
tion (b) of Section 1A the following:
$21,500.00,
and inserting in lieu thereof the following:
$22,575.00,
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 $22,575.00
per annum, payable in equal monthly installments out of the funds of
Clayton County.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
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. L. 1949, p.
1910), as amended; and for other purposes.
This 6th day of January, 1983.
Honorable Jimmy Benefield
Chairman,
Clayton County
Legislative Delegation
GEORGIA LAWS 1983 SESSION
3739
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy W. Benefield, who, on oath,
deposes and says that he is Representative from the 72nd 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 11,
18,25,1983.
/s/ Jimmy W. Benefield
Representative,
72nd District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
ACT AMENDEDREFERENDUM
No. 67 (House Bill No. 556).
AN ACT
To amend an Act creating the Brunswick-Glynn County Charter
Commission, approved April 11, 1979 (Ga. L. 1979, p. 3378), as
3740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended by an Act approved March 25,1980 (Ga. L. 1980, p. 3950),
an Act approved April 6, 1981 (Ga. L. 1981, p. 3850), and an Act
approved April 12,1982 (Ga. L. 1982, p. 4087), so as to extend the time
within which said commission shall complete its work; to change
references to the judge of the probate court to the board of elections of
Glynn County; to change certain provisions relative to the conduct of
the referendum election held for approval or rejection of a proposed
charter or charters; to change the manner in which the votes shall be
counted in the referendum election held for approval or rejection of a
proposed charter or charters; 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-Glynn County Char-
ter Commission, approved April 11, 1979 (Ga. L. 1979, p. 3378), as
amended by an Act approved March 25,1980 (Ga. L. 1980, p. 3950),
an Act approved April 6, 1981 (Ga. L. 1981, p. 3850), and an Act
approved April 12,1982 (Ga. L. 1982, p. 4087), is amended by striking
subsection (a) of Section 8, which reads as follows:
(a) Said Charter Commission shall complete its study and
make its recommendations regarding any changes that should be
made in the governments of the City of Brunswick and Glynn County
by September 30, 1983, or, in the event said Charter Commission
drafts a proposed charter or charters creating a new government or
governments, said proposed charter or charters shall be prepared,
completed, and filed by September 30, 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.,
and inserting in lieu thereof a new subsection (a) of Section 8 to read
as follows:
(a) Said charter commission shall complete its study and make
its recommendations regarding any changes that should be made in
the governments of the City of Brunswick and Glynn County by May
GEORGIA LAWS 1983 SESSION
3741
31, 1984, or, in the event said charter commission drafts a proposed
charter or charters creating a new government or governments, said
proposed charter or charters shall be prepared, completed, and filed
by May 31, 1984. However, the time for making such recommenda-
tions 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. Said Act is further amended by striking Sections 10
and 11, which read as follows:
Section 10. (a) Not less than 30 nor more than 90 days after
receipt of the certified copy of such proposed charter or charters and
after receipt of the approval by the Justice Department of such
proposed charter or charters, it shall be the duty of the Judge of the
Probate Court of Glynn County to issue the call for an election for the
purpose of submitting said charter or charters to the qualified voters
of Glynn County, including the City of Brunswick, for approval or
rejection. No charter shall be submitted if it has not been approved
by the Justice Department. The judge of the probate court shall set
the date of such election for a day not less than 15 nor more than 30
days after the issuance of the call. The judge of the probate court
shall cause the date and purpose of the election to be published once a
week for two weeks immediately preceding the date thereof in the
official organ of Glynn County. The ballot shall have written or
printed thereon the following:
For approval of the charter consolidating the governments of the
City of Brunswick and Glynn County and creating a single county-
wide government to supersede and replace said governments.
Against approval of the charter consolidating the governments of
the City of Brunswick and Glynn County and creating a single
countywide government to supersede and replace said governments.,
or
For approval of the charter incorporating St. Simons Island as a
separate municipality and approval of the charter creating a new
single government for all the remaining area of Glynn County,
including the City of Brunswick, which charters shall supersede and
3742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
replace the present governments of the City of Brunswick and Glynn
County.
Against approval of the charter incorporating St. Simons Island as
a separate municipality and approval of the charter creating a new
single government for all the remaining area of Glynn County,
including the City of Brunswick, which charters shall supersede and
replace the present governments of the City of Brunswick and Glynn
County.
All persons desiring to vote in favor of said charter or charters
shall vote for approval, and those persons desiring to vote for rejec-
tion of said charter or charters shall vote against approval. If more
than one-half of the votes cast are for approval of said charter or
charters, then said charter or charters shall become effective as
provided hereinafter, otherwise it shall be void and of no force and
effect. The expense of such election shall be borne equally by the City
of Brunswick and Glynn County.
(b) The Judge of the Probate Court of Glynn County is hereby
authorized to name assistants to help in conducting said election and
may designate such number of poll managers as said judge of the
probate court deems necessary and shall designate the time and
places for voting at said election. Said judge of the probate court is
hereby vested with authority to adopt rules and regulations governing
said election and may take such measures as may be necessary to
properly conduct said election. Said judge of the probate court shall
also be vested with all powers conferred upon judges of the probate
courts by the Georgia Election Code as set forth in Title 34 of the
Code of Georgia.
(c) A qualified voter, as used herein, shall be held to mean a
voter of Glynn County qualified to vote for members of the General
Assembly of Georgia. The judge of the probate court shall canvass the
returns and certify the results of said election as follows: The judge of
the probate court shall certify, under his hand and seal, the results of
said election to the Secretary of State of Georgia and shall furnish the
results thereof to the Secretary of State together with a certified copy
of the charter or charters previously filed with him by said Commis-
sion. The Secretary of State shall issue his proclamation showing and
declaring the result of said election on the ratification or rejection of
said charter or charters, one copy of which proclamation shall be
attached to the copy of the charter or charters certified to said
GEORGIA LAWS 1983 SESSION
3743
Secretary of State, one copy of which shall be delivered to the clerk of
the governing authority of the City of Brunswick who shall attach the
same to the copy of the charter or charters previously certified to him,
and one copy of which shall be delivered to the clerk of the governing
authority of Glynn County who shall attach the same to the copy of
the charter or charters previously certified to him.
(d) Whenever a charter for the consolidation of the governments
of the City of Brunswick and Glynn County or charters for new
governments within Glynn County have been adopted, two certified
copies of each such charter, with proclamation of the Secretary of
State of Georgia attached thereto, shall be deemed duplicate original
copies of the charter or charters of said new government or govern-
ments and shall be admissible in evidence without further authenti-
cation. The certified copy of the charter or charters and proclamation
deposited with the clerk of the governing authority of the City of
Brunswick and the certified copy of the charter or charters and
proclamation deposited with the clerk of the governing authority of
Glynn County shall subsequently be delivered by them to such officer
of the successor government or governments as said charter or
charters shall provide. The officer of said successor government or
governments to whom said copies of the charter or charters and
proclamation are delivered may issue certified copies of said charter
or charters authenticated by his signature as custodian and any copy
so certified by him shall be admissible as original evidence in a court
of law or other proceedings. The Secretary of State of Georgia is
hereby authorized to issue certified copies of the charter or charters
on file with him, and any copy so certified by him shall be admissible
in a court of law or other proceedings as original evidence.
Section 11. In the event the proposed single countywide govern-
ment charter is ratified by the qualified voters of Glynn County as
provided in Section 10, an election shall be held in accordance with
the provisions of said charter to elect the members of the governing
authority of said countywide government. Upon the election of the
members of said countywide governing authority of said countywide
government and their assuming their duties of office, the existing
governments of the City of Brunswick and Glynn County shall stand
abolished, all in accordance with the provisions of the charter of said
countywide government.,
and inserting in lieu thereof new Sections 10 and 11 to read as follows:
3744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 10. (a) Not less than 30 nor more than 90 days after
receipt of the certified copy of such proposed charter or charters and
after receipt of the approval by the United States Department of
Justice of such proposed charter or charters, it shall be the duty of the
board of elections of Glynn County to issue the call for an election for
the purpose of submitting said charter or charters to the voters of
Glynn County and the City of Brunswick who are qualified to vote for
members of the General Assembly for approval or rejection. No
charter shall be submitted if it has not been approved by the
Department of Justice. The board of elections of Glynn County shall
set the date of such election for a day not less than 30 nor more than
45 days after the issuance of the call. The board of elections of Glynn
County 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 Glynn County. The ballot shall have
written or printed thereon the following:
For approval of the charter consolidating the governments of the
City of Brunswick and Glynn County and creating a single county-
wide government to supersede and replace said governments.
Against approval of the charter consolidating the governments of
the City of Brunswick and Glynn County and creating a single
county-wide government to supersede and replace said govern-
ments.,
or
For approval of the charter incorporating St. Simons Island as a
separate municipality and approval of the charter creating a new
single government for all the remaining area of Glynn County,
including the City of Brunswick, which charters shall supersede and
replace the present governments of the City of Brunswick and Glynn
County.
Against approval of the charter incorporating St. Simons Island as
a separate municipality and approval of the charter creating a new
single government for all the remaining area of Glynn County,
including the City of Brunswick, which charters shall supersede and
replace the present governments of the City of Brunswick and Glynn
County.
GEORGIA LAWS 1983 SESSION
3745
All persons desiring to vote in favor of said charter or charters
shall vote for approval and those persons desiring to vote for rejection
of said charter or charters shall vote against approval. The votes cast
by the qualified voters of the City of Brunswick and the votes cast by
the qualified voters of Glynn County as a whole shall be counted
separately for the purpose of determining approval or rejection of
such charter or charters. If more than one-half of the votes cast by the
qualified voters of the City of Brunswick and more than one-half of
the votes cast by the qualified voters of Glynn County as a whole are
for approval of said charter or charters, then said charter or charters
shall become effective as provided in this Act; otherwise it shall be
void and of no force and effect. The expense of such election shall be
borne equally by the City of Brunswick and Glynn County.
(b) The board of elections of Glynn County is vested with all
powers conferred upon election superintendents and boards of
registrars by Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, known as the Georgia Election Code and the referendum
election provided for in this section shall be held in accordance with
the provisions of said Georgia Election Code.
(c) The board of elections of Glynn County shall canvass the
returns and certify the results of said election to the Secretary of
State, together with a certified copy of the charter or charters
previously filed with him by the charter commission. The Secretary
of State shall issue his proclamation showing and declaring the result
of said election on the ratification or rejection of said charter or
charters, one copy of which proclamation shall be attached to the
copy of the charter or charters certified to said Secretary of State, one
copy of which shall be delivered to the clerk of the governing
authority of the City of Brunswick who shall attach the same to the
copy of the charter or charters previously certified to him, and one
copy of which shall be delivered to the clerk of the governing
authority of Glynn County who shall attach the same to the copy of
the charter or charters previously certified to him.
(d) Whenever a charter for the consolidation of the governments
of the City of Brunswick and Glynn County or charters for new
governments within Glynn County have been adopted, two certified
copies of each such charter, with the proclamation of the Secretary of
State attached thereto, shall be deemed duplicate original copies of
the charter or charters of said new government or governments and
shall be admissible in evidence without further authentication. The
3746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
certified copy of the charter or charters and proclamation deposited
with the clerk of the governing authority of the City of Brunswick and
the certified copy of the charter or charters and proclamation depos-
ited with the clerk of the governing authority of Glynn County shall
subsequently be delivered by them to such officer of the successor
government or governments as said charter or charters shall provide.
The officer of said successor government or governments to whom
said copies of the charter or charters and proclamation are delivered
may issue certified copies of said charter or charters authenticated by
his signature as custodian and any copy so certified by him shall be
admissible as original evidence in a court of law or other proceedings.
The Secretary of State is authorized to issue certified copies of the
charter or charters on file with him, and any copy so certified by him
shall be admissible in a court of law on other proceedings as original
evidence.
Section 11. In the event the proposed single county-wide govern-
ment charter is ratified by the qualified voters of Glynn County and
the City of Brunswick as provided in Section 10 of this Act, an
election shall be held in accordance with the provisions of said charter
to elect the members of the governing authority of said county-wide
government. Upon the election of the members of said county-wide
governing authority of said county-wide government and their assum-
ing their duties of office, the existing governments of the City of
Brunswick and Glynn County shall stand abolished, all in accordance
with the provisions of the charter of said county-wide government.
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
1983 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, pg. 3378), as amended by an
Act approved March 25,1980, (Ga. Laws 1980, pg. 3950); as amended
by an Act approved April 6, 1981, (Ga. Laws 1981, p. 3850); as
GEORGIA LAWS 1983 SESSION
3747
amended by an Act approved April 12,1982 (Ga. Laws 1982, p. 4087),
and for other purposes.
This 7th day of January, 1983.
Dean Auten
Representative,
156th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Dean G. Auten, who, on oath, deposes
and says that he is Representative from the 156th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Brunswick News which is the official organ
of Glynn County, on the following dates: January 18, 25, and Febru-
ary 1,1983.
/s/ Dean G. Auten
Representative,
156th District
Sworn to and subscribed before me,
this 9th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF SALE CITY {gl MAYOR AND COUNCILMEN
TERMS AND ELECTION PROCEDURES.
No. 68 (House Bill No. 562).
AN ACT
To amend an Act incorporating the City of Sale City in Mitchell
County, approved August 12,1910 (Ga. L. 1910, p. 1117), as amended,
particularly by an Act approved April 2,1963 (Ga. L. 1963, p. 2823), so
as to change the terms of and procedures for election of the mayor and
councilmen; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Sale City in Mitchell
County, approved August 12,1910 (Ga. L. 1910, p. 1117), as amended,
particularly by an Act approved April 2,1963 (Ga. L. 1963, p. 2823), is
amended by striking Section 4, relating to election of mayor and
councilmen, and inserting in its place a new Section 4 to read as
follows:
Section 4. Election of mayor and councilmen. (a) The
mayor and councilmen in office on the effective date of this section
shall continue to serve until their successors are duly elected and
qualified as provided by law.
(b) On the first Wednesday in December, 1983, an election shall
be held for mayor and councilmen. The mayor, city councilman, Post
1, and city councilman, Post 2, shall be elected therein and shall serve
for a term of three years. City councilman, Post 3, city councilman,
Post 4, and city councilman, Post 5 shall be elected therein and shall
serve for a term of two years.
(c) On the first Wednesday in December, 1985, an election shall
be held for those three councilmen who at said date are serving as
councilman, Post 3, councilman, Post 4, and councilman, Post 5. The
councilmen elected therein shall serve for a term of three years.
(d) Not later than 60 days after the effective date of this Act, and
during a regular meeting of the mayor and councilmen, the council-
men serving shall determine by lot the post in which each councilman
is serving.
GEORGIA LAWS 1983 SESSION
3749
(e) On the first Wednesday in December of the year prior to the
expiration of any term hereinabove set out, an election shall be held
for those councilmen or those councilmen and mayor whose terms
shall expire during the following year. The terms of office for mayor
and councilmen shall begin on the second Monday in January of the
year following their respective election. Except as otherwise provided
herein, said terms shall continue for three years and until their
successors are elected and qualified.
(f) In all elections held by the City of Sale City for the purpose of
electing new members to the city council, candidates must declare by
number which post on the city council they are offering to fill. The
candidate receiving a majority of the votes cast for each respective
position shall be elected to the city council to fill that particular
vacancy on the city council.
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 1983
Session of the General Assembly of Georgia a bill to be entitled An
Act to Amend An Act Incorporating the City of Sale City in Mitchell
County, Georgia, so as to provide that the terms of the Mayor and
Councilmen shall be for three (3) years; to provide that candidates for
position on the Council shall announce and run for a particular
numbered position on the Council; to provide that the date for the
election of the Mayor and/or Councilmen shall be on the first
Wednesday in December prior to the expiration of the term of the
Mayor and/or Councilmen; to provide for staggered terms of Council-
men; to repeal all conflicting laws; and for other purposes.
This the 13 day of January, 1983.
Hughes & Ledford
Robert E. Hughes
City Attorney for
Sale City, Georgia
3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Mitchell County.
In person before the undersigned certifying officer, appeared
Richard S. Johnson, who after being duly sworn, deposes, says and
certifies that he is the Publisher of The Camilla Enterprise, a newspa-
per published in said County and in which the advertisements of the
Sheriff of said County are published, and that the attached Notice of
proposed legislation has been published in The Camilla Enterprise on
the following days, to-wit: January 14, January 21, January 28,1983.
/s/ Richard S. Johnson (L.S.)
Sworn to and subscribed before me,
this the 28th day of January, 1983.
/s/ Judy F. Newton
Notary Public, Mitchell County, Georgia.
My Commission Expires January 14, 1987.
(Seal).
Approved March 14, 1983.
NEWTON COUNTY SMALL CLAIMS COURT
FEES.
No. 69 (House Bill No. 613).
AN ACT
To amend an Act creating and establishing a small claims court in
and for Newton County, approved March 31, 1976 (Ga. L. 1976, p.
3807), as amended, so as to require the court to impose an additional
GEORGIA LAWS 1983 SESSION
3751
fee in connection with each claim or proceeding filed in the small
claims court or any successor court; to require the judge or clerk of the
small claims court or any successor court to collect and remit the fees
to the treasurer of the board of trustees of the Newton County Law
Library; to provide 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 Newton County, approved March 31,1976 (Ga. L. 1976, p.
3807), as amended, is amended by adding a new subsection (c) at the
end of Section 8 to read as follows:
(c) In connection with each claim or proceeding filed in the
small claims court or any successor court, the sum of $2.00, in
addition to all other legal costs, shall be imposed and collected by the
court for the use and benefit of the Newton County Law Library in
accordance with the provisions contained in Chapter 15 of Title 36 of
the O.C.G.A., relating to the creation of a county law library in each
county of this state. The judge or clerk of the small claims court or
any successor court shall remit said fees to the treasurer of the board
of trustees of the Newton County Law Library on or before the tenth
day of the following 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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating and establishing a Small Claims Court in and for Newton
County, approved March 31,1976 (Ga. L. 1976, p. 3807), as amended,
so as to require the court to impose an additional fee in connection
with each claim or proceeding filed in the court; to require the clerk of
the court to collect and remit the fees to the treasurer of the board of
trustees of the Newton County Law Library; and for other purposes.
3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 10th day of January, 1983.
Honorable Denny M. Dobbs
Representative,
74th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Denny M. Dobbs, who, on oath,
deposes and says that he is Representative from the 74th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Covington News which is the official
organ of Newton County, on the following dates: January 13, 20, 27,
1983.
/s/ Denny M. Dobbs
Representative,
74th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3753
COLQUITT COUNTY SCHOOL SYSTEM USE
OF LOCAL SALES TAX REVENUES.
No. 70 (House Bill No. 614).
AN ACT
To provide for authority; to continue in force and effect as part of
the Constitution ratified at the general election in 1982 that Constitu-
tional Amendment (Res. Act 189, H.R. 636-1641, Ga. L. 1980, p. 2127)
which authorizes the use by the Colquitt County School System of the
proceeds of any local sales and use tax levied within Colquitt 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. This Act is passed pursuant to Article XI, Section I,
Paragraph IV of the Constitution, authorizing the continuation of
certain amendments to the Constitution.
Section 2. That Constitutional Amendment (Res. Act 189, H.R.
636-1641, Ga. L. 1980, p. 2127) which authorizes the use by the
Colquitt County School System of the proceeds of any local sales and
use tax levied within Colquitt County shall not be repealed or deleted
upon July 1, 1987, as part of the Constitution ratified at the general
election in 1982 but is specifically continued in force and effect on and
after that date as part of that Constitution.
Section 3. This Act shall become effective July 1,1983.
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 session
of the General Assembly of Georgia a bill to continue in force and
effect that amendment to the Constitution of 1976 which authorized
3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the use by the Colquitt County school system of the proceeds of any
local and use tax levied within Colquitt County; to provide that said
amendment shall be continued in force and effect after July 1,1987,
as provided in Article XI, Section I, Paragraph IV of the Constitution
of 1982; to provide for related matters; and for other purposes.
Hugh D. Matthews
Representative,
145th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Hugh D. Matthews, who, on oath,
deposes and says that he is Representative from the 145th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Moultrie Observer which is the
official organ of Colquitt County, on the following dates: January 26,
February 2,9,1983.
/s/ Hugh D. Matthews
Representative,
145th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3755
HART COUNTY PROBATE JUDGE
COMPENSATION.
No. 71 (House Bill No. 615).
AN ACT
To amend an Act placing the clerk of the superior court and the
probate judge of Hart County on an annual salary, approved Febru-
ary 28, 1966 (Ga. L. 1966, p. 2285), as amended, so as to provide for
the compensation of the probate judge; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the superior court and the
probate judge of Hart County on an annual salary, approved Febru-
ary 28, 1966 (Ga. L. 1966, p. 2285), 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 judge of the probate court shall receive an annual
salary in the same amount as that provided for the sheriff of Hart
County pursuant to Code Section 15-16-20 of the O.C.G.A., relating to
minimum annual salaries for sheriffs, as now or hereafter amended.
This salary shall be payable in equal monthly installments from the
funds of Hart County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
This is to serve notice that there will be introduced in the General
Assembly a Change in the Compensation of the Probate Judge, etc.
3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Geraldine G. Bailey
Probate Judge
Hart County
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 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: December 23,30,1982 and January 6,
1983.
/s/ Billy Milford
Representative,
13th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3757
DOUGHERTY COUNTY COUNTY SUPPLEMENTS
TO CERTAIN OFFICIALS.
No. 72 (House Bill No. 621).
AN ACT
To amend an Act placing certain county officers of Dougherty
County upon an annual salary, approved March 7,1955 (Ga. L. 1955,
p. 2874), as amended, particularly by an Act approved April 6, 1981
(Ga. L. 1981, p. 4098), so as to provide for county supplements to the
sheriff, clerk of the superior court, and judge of the probate court of
Dougherty County; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing certain county officers of Dougherty
County upon an annual salary, approved March 7,1955 (Ga. L. 1955,
p. 2874), as amended, particularly by an Act approved April 6,1981
(Ga. L. 1981, p. 4098), is amended by adding immediately following
Section 2 thereof a new Section 2A to read as follows:
Section 2A. The governing authority of Dougherty County is
authorized to provide from county funds a supplement to the com-
pensation of the sheriff, judge of the probate court, and clerk of the
superior court of Dougherty County, or any one or more of such
officers. The amount of such supplement shall be fixed by the
governing authority of Dougherty County but shall not exceed
$5,000.00 per annum. Within the limitations provided in this section,
it shall be within the sole discretion of the governing authority of
Dougherty County to establish the amount of such supplement and,
from time to time, to increase or decrease said supplement in such
manner as the governing authority of Dougherty County shall pro-
vide.
Section 2. This Act shall become effective July 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
placing certain of the county officers of Dougherty County upon an
annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 4098); and for other purposes.
This 25 day of January, 1983.
Tommy Chambless
Representative,
133rd District
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 is Representative from the 133rd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Albany Herald which is the official
organ of Dougherty County, on the following dates: January 27,
February 3,10,1983.
/s/ Tommy Chambless
Representative,
133rd District
GEORGIA LAWS 1983 SESSION
3759
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF SAVANNAH AND CHATHAM COUNTY
SCHOOL SYSTEM DISTRICTS.
No. 73 (House Bill No. 628).
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.
1968, p. 2636), as amended, particularly by an Act approved March
27, 1972 (Ga. L. 1972, p. 3098) and an Act approved April 12, 1982
(Ga. L. 1982, p. 4139), so as to correct certain technical errors in the
descriptions of the districts from which members of the board of
education are elected; to state legislative intent; 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) and an Act approved April 12, 1982
(Ga. L. 1982, p. 4139), is amended by striking from Section 1 the
descriptions of Education Districts No. 1 through 8 and inserting in
their place new descriptions to read as follows:
3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 1
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 524,
526, 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
GEORGIA LAWS 1983 SESSION
3761
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
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
3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
Tract 101.02
Blocks 312 and 313
Tract 106.05
That part of Block 304 within
the City of Savannah
Tract 106.99
GEORGIA LAWS 1983 SESSION
3763
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
3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 5
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
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 535 and
537 through 540
Tracts 43 through 45
Tract 105
Block Groups 1 and 3
GEORGIA LAWS 1983 SESSION
3765
Education District No. 6
Chatham
Tract 42.02
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
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
3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 23
Tract 24
Blocks 107 through 109, 120,
201, 213, 214, 306, 307, and 317
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
Section 2. The General Assembly declares that the intent of this
Act is to correct technical errors in the amendatory Act approved
April 12,1982 (Ga. L. 1982, p. 4139) in conformity with the intention
of the General Assembly in enacting said 1982 Act; and this Act shall
not be construed to imply that the law prior to its approval was other
than the law after its approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice is hereby given that there will be introduced at the 1983
Session of the Georgia General Assembly a Bill to amend an Act
approved March 21, 1968, (Ga. L. 1968, p. 2636) and related Acts,
pertaining to the Board of Education for the City of Savannah and
the County of Chatham and relating to the amount of compensation
paid to Members of the elected Board of Education and an Act to
amend the Districts from which they are elected and the length of the
terms that the elected Members shall serve on the Board of Education
find Acts relating to other matters relating to said Board of Educa-
tion.
This 29th day of December, 1982.
GEORGIA LAWS 1983 SESSION
3767
Edward H. Lee
School Board Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ron Ginsberg, who, on oath, deposes
and says that he is Representative from the 122nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Georgia Gazette which is the official organ
of Chatham County, on the following dates: January 5, 12, 19, 26,
1983.
/s/ Ron Ginsberg
Representative,
122nd District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEN HILL COUNTY TAX COMMISSIONER
COMPENSATION.
No. 74 (House Bill No. 630).
AN ACT
To amend an Act creating the office of tax commissioner of Ben
Hill County, approved March 25,1980 (Ga. L. 1980, p. 3954), so as to
provide that the tax commissioner shall be compensated by an annual
salary rather than by any fees; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of Ben
Hill County, approved March 25, 1980 (Ga. L. 1980, p. 3954), is
amended by striking Section 3 which reads as follows:
Section 3. The tax commissioner shall receive for his services a
commission equal to one-half of the commission schedule provided by
Code Section 91A-1370(a), except that the commission and schedules
prescribed by said Act shall apply upon the first 80 percent of the ad
valorem net digest collected by the tax commissioner. On all taxes
collected in excess of 80 percent of the total of taxes due according to
the Tax Net Digest of Ben Hill County, the tax commissioners
commission shall be for such taxes 10 percent of all such collections
due irrespective of the schedule and rates contained in said Section
91A-1370(a). The tax commissioner shall be responsible for deter-
mining the number and paying the compensation of such personnel as
may be necessary to assist the tax commissioner in discharging his
official duties, but all expenses incurred by the tax commissioner in
operating and discharging the official duties of his office, except as to
the compensation of such additional personnel, including but not
limited to office equipment, supplies, fixtures, and utility expenses
shall be paid by the county from county funds. It is specifically
provided that the commissions and compensation provided herein for
the tax commissioner shall be in lieu of all fees, commissions, costs,
fines, emoluments, and perquisites of whatever kind, except those
commissions allowed for the sale of motor vehicle license plates by
GEORGIA LAWS 1983 SESSION
3769
local tax officials, notwithstanding the fact that such services of which
the commissions are derived may have been performed in the capac-
ity of an agent for the State Revenue Department, which commissions
the tax commissioner shall be entitled to receive and retain in
addition to the commissions otherwise provided for herein.,
and inserting in its place a new Section 3 to read as follows:
Section 3. (a) The tax commissioner of Ben Hill County shall be
compensated by an annual salary in the amount prescribed by the
general law of this state fixing minimum salaries for tax commis-
sioners who are paid on a salary basis. This salary shall be paid in
equal monthly installments from county funds. This salary shall be
the sole compensation of the tax commissioner, and all other moneys
collected by the tax commissioner shall be public funds.
(b) All expenses incurred by the tax commissioner in operating
and discharging the official duties of his office including the compen-
sation of additional personnel and including office equipment, sup-
plies, fixtures, and utility expenses shall be paid by Ben Hill County
from county funds. The hiring of such additional personnel and their
compensation shall be within the sole discretion of the governing
authority of Ben Hill County.
Section 2. Said Act is further amended by striking Section 4
which reads as follows:
Section 4. Except as hereinafter provided, all fees, commissions,
costs, fines, emoluments, and perquisites of whatever kind received
and collected by the tax commissioner shall be received, collected,
and held by him as public funds belonging to Ben Hill County. Once
each month the tax commissioner shall turn over to the fiscal author-
ity of said county all funds collected by him with a detailed itemized
statement showing the sources from which such funds were collected,
except that said tax commissioner may withhold from said funds to be
turned over to the county the portion thereof representing his com-
mission as herein provided.,
and inserting in its place a new Section 4 to read as follows:
Section 4. All fees, commissions, costs, fines, emoluments, and
perquisites of whatever kind received and collected by the tax com-
missioner shall be received, collected, and held by him as public funds
3770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
belonging to Ben Hill County. Once each month the tax commis-
sioner 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. This Act shall become effective January 1,1985.
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 at the regular
1983 Session of the General Assembly a bill to amend an act consoli-
dating the offices of Tax Collector and Tax Receiver into the office of
Tax Commissioner by changing the compensation of said office to a
salary; provide for the expenses of said office including personnel; and
to provide for the rights, liabilities and duties of said office; to provide
all matters relative to the foregoing; to repeal conflicting laws; and for
other purposes.
Georgia, Ben Hill County.
Personally appeared before the undersigned authority duly autho-
rized to administer oaths, Gerald W. Pryor who upon oath deposes
and states that he is the Editor and Publisher of the Fitzgerald
Herald Leader and the attached copy of Notice of Intention to
Introduce Local Legislation was published in the Fitzgerald Herald
Leader which is the official organ of Ben Hill County on the following
dates: January 13,20,27,1983.
This 10th day of February, 1983.
/s/ Gerald W. Pryor
GEORGIA LAWS 1983 SESSION
3771
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Betty S. Bailey
Notary Public.
(Seal).
Approved March 14, 1983.
CITY OF CEDARTOWN RECORDER AUTHORITY
TO IMPOSE PUNISHMENT.
No. 75 (House Bill No. 631).
AN ACT
To amend an Act creating a new charter for the City of Cedartown,
approved March 29,1937 (Ga. L. 1937, p. 1595), as amended, particu-
larly by an Act approved March 17,1958 (Ga. L. 1958, p. 2571), so as
to change certain fines; 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
Cedartown, approved March 29, 1937 (Ga. L. 1937, p. 1595), as
amended, particularly by an Act approved March 17, 1958 (Ga. L.
1958, p. 2571), is amended by striking from Section 32 thereof the
following:
three hundred ($300.00) dollars,
and inserting in place the following:
3772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
$1,000.00,
so that when so amended said Section 32 shall read as follows:
Section 32. Be it further enacted by the authority aforesaid,
That said commission shall have 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 fine not to exceed
$1,000.00, imprisonment in the city jail, or Polk County jail, not to
exceed 60 days, or sentence to work on the streets of said city not to
exceed three months, any one or more or any part of any one or more
of said punishments, in the discretion of the recorder or any officer
trying the offender.
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 next
Session of the General Assembly of Georgia local legislation to amend
the Charter of the City of Cedartown in the following particulars.
To amend Section 32 of the Charter of the City of Cedartown,
Georgia (Ga. Laws 1958, p. 2571), so that the same will provide an
increase in the maximum fine limitations from $300.00 to $1,000.00;
and for other purposes.
Copies of the Proposed Amendment will be on file with the Office
of Clerk with the City of Cedartown, Georgia, for the purpose of
examination and inspection by the public during normal daily busi-
ness hours.
Dated: January 25,1983.
/s/ J. J. Brooks
City Manager, City of
Cedartown, Georgia
GEORGIA LAWS 1983 SESSION
3773
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 is Representative from the 17th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Cedartown Standard which is the official organ
of Polk County, on the following dates: January 27, February 3, 10,
1983.
/s/ Bill Cummings
Representative,
17th District
Sworn to and subscribed before me,
this 15th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
COLUMBUS, GEORGIA PENALTIES FOR
VIOLATIONS OF ORDINANCES, ETC.
No. 76 (House Bill No. 641).
AN ACT
To amend an Act ratifying, confirming, enacting, and incorporat-
ing the charter of the county-wide government of Columbus, Georgia,
3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved October 5, 1971 (Ga. L. 1971, Ex.Sess., p. 2007), as
amended, so as to change the penalties for violations of ordinances,
rules, and regulations; to repeal certain provisions of an Act amending
the charter of the City of Columbus, approved August 5,1921 (Ga. L.
1921, p. 800), as amended; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act ratifying, confirming, enacting, and incorpo-
rating the charter of the county-wide government of Columbus,
Georgia, approved October 5,1971 (Ga. L. 1971, Ex.Sess., p. 2007), as
amended, is amended by striking subsection (2) of Section 3-104 of
said Act in its entirety and inserting in lieu thereof a new subsection
(2) to read as follows:
(2) In the exercise of its powers, the Council shall adopt and
provide for the execution of such ordinances, rules and regulations,
not inconsistent with this Charter, as may be necessary or proper for
the purpose of carrying into effect the powers conferred by this
Charter and for the promotion and protection of the safety, health,
peace, security and general welfare of the inhabitants of the consoli-
dated government and may enforce such ordinances, rules and regula-
tions by imposing penalties for violations thereof, by a fine not
exceeding $600.00 or imprisonment not exceeding 90 days, or both.
Section 2. An Act amending the charter of the City of
Columbus, approved August 5, 1921 (Ga. L. 1921, p. 800), as
amended, is amended by striking from paragraph (22) of Section 3 of
said Act the following:
, by a fine of not exceeding two hundred and fifty ($250.00)
dollars or imprisonment for not exceeding ninety (90) days, or both.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
3775
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session
of the General Assembly of Georgia convening in January, 1983 for
the passage of an Act amending the Charter of Columbus, Georgia, so
as to increase the allowable penalties for violations of ordinances,
rules, and regulations from two hundred fifty dollars ($250.00) to one
thousand dollars ($1,000.00).
E. H. Polleys, Jr.
City Attorney,
Columbus, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas B. Buck, III, who, on oath,
deposes and says that he 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: January 14,
21,28,1983.
/s/ Thomas B. Buck, III
Representative,
95th District
Sworn to and subscribed before me,
this 9th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOWNS COUNTY GEORGIA MOUNTAIN FAIR
AUTHORITY QUALIFICATIONS OF MEMBERS, ETC.
No. 77 (House Bill No. 643).
AN ACT
To amend an Act creating the Georgia Mountain Fair Authority
of Towns County Act, approved March 18, 1980 (Ga. L. 1980, p.
3134), so as to change the qualifications of the members of the
authority; to define further the term project; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Georgia Mountain Fair Author-
ity of Towns County Act, approved March 18,1980 (Ga. L. 1980, p.
3134), is amended by striking the last paragraph of subsection (b) of
Section 2 in its entirety and substituting in lieu thereof a new last
paragraph of subsection (b) to read as follows:
In the event a vacancy occurs on the authority for any reason, the
remaining members shall appoint a citizen and resident of Towns
County to fill such vacancy. A majority of the members shall
constitute a quorum, but no action may be taken by the authority
without the affirmative vote of a majority of the total membership of
the authority. The authority is empowered to elect its own chairman,
vice chairman, and secretary from its membership. The members of
the authority shall be reimbursed for all actual expenses incurred in
the performance of their duties. The authority shall make rules and
regulations for its own government. It shall have perpetual exis-
tence.
Section 2. Said Act is further amended by striking subsection
(b) of Section 3 in its entirety and substituting in lieu thereof a new
subsection (b) to read as follows:
GEORGIA LAWS 1983 SESSION
3777
(b) (1) The word project shall be deemed to mean and
include the acquisition, construction, equipping, maintenance,
and operation of buildings for the housing of exhibits for fairs and
the usual facilities, furnishings, equipment, and real and personal
property related thereto, and extensions and improvements of
such buildings, equipment, facilities, and property, the acquisition
of the necessary property therefor, both real and personal, and the
lease and sale of any part or all of such buildings, facilities,
furnishings, and equipment, including real and personal property,
so as to assure the efficient and proper development, mainte-
nance, and operation of such facilities and areas, deemed by the
authority to be necessary, convenient, or desirable.
(2) The word project shall also mean and include the
acquisition, construction, improvement, modification, expansion,
modernization, equipping, or remodeling of any property, real or
personal, which shall be used as or in connection with a hotel or
motel that provides food and lodging for transient guests with not
less than 80 guest rooms available for overnight accommodations,
marinas, condominiums, and public or private facilities, which are
declared to be projects of sufficient magnitude to result in sub-
stantial economic benefit upon the geographical area served by
the authority, and to promote attendance at fairs and events held
in facilities 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 1983
Session of the General Assembly of Georgia, a bill to amend an act
creating the Georgia Mountain Fair Authority of Towns County
Act, approved March 18,1980, (Ga. L. 1980, pp. 3134); and for other
purposes.
This 25 day of January, 1983.
3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ralph Twiggs, who, on oath, deposes
and says that he is Representative from the 4th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Towns County Herald which is the official organ
of Towns County, on the following dates: January 28, February 4 and
11,1983.
/s/ Ralph Twiggs
Representative,
4th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
LAURENS COUNTY TAX COMMISSIONER
COMPENSATION.
No. 78 (House Bill No. 652).
AN ACT
To amend an Act consolidating the office of tax receiver and tax
collector of Laurens County into the office of tax commissioner of
GEORGIA LAWS 1983 SESSION
3779
Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327),
as amended, particularly by an Act approved April 12, 1982 (Ga. L.
1982, p. 4109), so as to change the compensation of the tax commis-
sioner; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the office 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 12, 1982 (Ga. L.
1982, p. 4109), is amended by striking from the first sentence of
Section 3 thereof the following:
$22,540.00,
and inserting in lieu thereof the following:
$23,667.00,
so that when so amended the first sentence of Section 3 thereof shall
read as follows:
The tax commissioner of Laurens County shall be compensated
in the amount of $23,667.00 per annum, to be paid in equal monthly
installments from the funds of Laurens County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Legal Advertisement.
Notice is hereby given that at the request of the Laurens County
Commissioners, there will be introduced in the 1983 regular session of
3780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the General Assembly of Georgia, a bill to alter the compensation of
the Tax Commissioner of Laurens County retroactive to January 1,
1983, to provide an effective date, and for other purposes.
S. DuBose Porter
Representative,
119th District
Georgia, Laurens County.
Affidavit of Publisher.
Personally appeared before me, the undersigned officer, duly
authorized to administer oaths in said State and County, R. Griffin
Lovett, who, having been duly sworn, deposes and says 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 January 22, and
29,1983, and February 5,1983.
/s/ R. Griffin Lovett,
Publisher
Sworn to and subscribed before me,
this 8 day of February, 1983.
/s/ Ann W. Ford
Notary Public, Georgia State at Large.
My Commission Expires February 10, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3781
LAURENS COUNTY PROBATE JUDGE
COMPENSATION.
No. 79 (House Bill No. 653).
AN ACT
To amend an Act placing the judge of the Probate Court of
Laurens County on an annual salary in lieu of fees, approved March
30, 1971 (Ga. L. 1971, p. 2622), as amended, particularly by an Act
approved March 26, 1980 (Ga. L. 1980, p. 4275), so as to change the
compensation of the judge of the probate court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the judge of the Probate Court of
Laurens County on an annual salary in lieu of fees, approved March
30, 1971 (Ga. L. 1971, p. 2622), as amended, particularly by an Act
approved March 26, 1980 (Ga. L. 1980, p. 4275), is amended by
striking from Section 1 thereof the following:
$18,090.00,
and inserting in lieu thereof the following:
$18,994.50,
so that when so amended Section 1 thereof shall read as follows:
Section 1. After the effective date of this Act, the present
method of compensating the Probate Court Judge of Laurens County,
known as the fee system, is hereby abolished and in lieu thereof the
probate court judge shall receive a salary of $18,994.50 per annum,
payable in equal monthly installments from the funds of Laurens
County. The annual salary provided for herein shall be in lieu of all
fees, costs, fines, forfeitures, commissions, emoluments, and perqui-
sites heretofore allowed as compensation to the probate court judge,
regardless of in what capacity said services for such fees, costs, fines,
forfeitures, commissions, emoluments or perquisites were rendered.
3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Legal Advertisement.
Notice is hereby given that at the request of the Laurens County
Commissioners, there will be introduced in the 1983 regular session of
the General Assembly of Georgia, a bill to alter the compensation of
the Judge of the Probate Court of Laurens County retroactive to
January 1,1983, to provide an effective date, and for other purposes.
S. DuBose Porter
Representative,
119th District
Georgia,Laurens County.
Affidavit of Publisher.
Personally appeared before me, the undersigned officer, duly
authorized to administer oaths in said State and County, R. Griffin
Lovett, who, having been duly sworn, deposes and says 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 January 22, and
29,1983, and February 5,1983.
/s/ R. Griffin Lovett,
Publisher
GEORGIA LAWS 1983 SESSION
3783
Sworn to and subscribed before me,
this 8 day of February, 1983.
/s/ Ann W. Ford
Notary Public, Georgia State at Large
My Commission Expires February 10, 1985.
(Seal).
Approved March 14, 1983.
TOWN OF OCONEE - RECORDERS COURT
AUTHORITY TO PUNISH.
No. 80 (House Bill No. 676).
AN ACT
To amend an Act creating a new charter for the Town of Oconee,
approved April 2,1963 (Ga. L. 1963, p. 2755), so as to change the fines
and punishments which may be imposed by the mayor or recorders
court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of Oconee,
approved April 2,1963 (Ga. L. 1963, p. 2755), is amended by striking
from subsection (D) of Section 15 thereof the following:
fifty ($50.00) dollars,
and inserting in its place the following:
$500.00,
3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and by striking, wherever it appears, the following:
fifteen (15) days,
and inserting in its place the following:
30 days,
so that when so amended said subsection (D) shall read as follows:
(D) Upon the conviction of any defendant of violation of any
law or ordinance of said city, said court shall have the right to
sentence said defendant to pay a fine not exceeding $500.00 and to
imprisonment in the prison of said city or in the common jail of
Washington County, not exceeding 30 days, and to work and labor in
the city chain gang or on the streets or public works of said city,
whether within or without the corporate limits, not exceeding 30 days,
either or all or any part of all. And all sentences may be in the
alternative, and fines may be imposed with the alternative of the
other punishment in the event the fines are not paid. Said court shall
have power to assess costs against each defendant convicted, to be
collected and enforced, in addition to, and in the same manner as
fines; all of which costs shall be paid into the city treasury. And said
court may issue executions for any unpaid fines and costs, to be
enforced in the same manner as ad valorem tax executions are
enforced.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
I intend to introduce into the next term of the Georgia General
Assembly (1983) a bill to amend the Charter of the City of Oconee in
reference to the powers of the recorders court and for other purposes.
Jimmy Lord
107th District
GEORGIA LAWS 1983 SESSION
3785
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 is Representative from the 107th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Sandersville Progress which is the official
organ of Washington County, on the following dates: January 27,
February 3,10,1983.
/s/ Jimmy Lord
Representative,
107th District
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CLAY COUNTY COMMISSIONER DISTRICTS.
No. 81 (House Bill No. 682).
AN ACT
To amend an Act creating a board of commissioners of Clay
County, approved February 16,1953 (Ga. L. 1953, Jan.-Feb. Sess., p.
3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2326), as amended by an Act approved April 21,1967 (Ga. L. 1967, p.
3489), so as to change the commissioner districts in said county; 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 Clay
County, approved February 16,1953 (Ga. L. 1953, Jan.-Feb. Sess., p.
2326), as amended by an Act approved April 21,1967 (Ga. L. 1967, p.
3489), is amended by striking Section 3 in its entirety and substitut-
ing in lieu thereof a new Section 3 to read as follows:
Section 3. Effective January 1,1984, for the purpose of electing
members of the board of commissioners, Clay County is divided into
five commissioner districts as follows:
COMMISSIONER DISTRICT 1 - BLUFFTON: This
commissioner district shall consist of all of the County lying
easterly of a line commencing at the south boundary line of the
County where the north prong of Kolomokee Creek intersects the
south boundary line, running thence up Kolomokee Creek to
County Road No. 20, running thence along the center line of
County Road No. 20 northerly to County Road No. 24, thence
northerly along County Road No. 24 until it reaches Georgia
Highway No. 37, thence easterly along Georgia Highway No. 37 to
County Road No. 131; thence northerly along the center line of
County Road No. 131 to north boundary of the County line.
COMMISSIONER DISTRICT 2 - ZETTO: This com-
missioner district shall consist of that part of the County lying
west of the westerly boundary line of Commissioner District 1, and
south of a line commencing at a point where County Road No. 131
intersects the north boundary line of Clay County, running thence
west along the north boundary to the southwest corner of
Randolph County, Georgia, thence northerly along the dividing
line between Randolph County and Clay County, Georgia, to the
center line of Cemochechobee Creek; thence westerly along the
center line of Cemochechobee Creek to the easterly boundary line
of the present city limits of Fort Gaines, Georgia; thence south,
west and south, and along the present easterly and southerly
boundary line of the City of Fort Gaines to the southeasterly
corner thereof; thence westerly along the south boundary line of
the city limit line of Fort Gaines, Georgia to the Chattahoochee
GEORGIA LAWS 1983 SESSION
3787
River; thence following the westerly and southerly boundary line
of Clay County, Georgia to the point of beginning of Commis-
sioner District No. 1.
COMMISSIONER DISTRICT 3 - LOWER FORT
GAINES: This commissioner district shall consist of the part of
the City of Fort Gaines lying south and west of the following
northerly boundary line: Commencing where Cemochechobee
Creek runs into the Chattahoochee River, thence easterly along
the center line of Cemocheechobee Creek to the center line of the
right of way of the Southern Railroad; thence along the center line
of the Southern Railroad right of way to Troupe Street; thence
easterly and southerly along the center line of Troupe Street to the
center line of Habersham Street; thence easterly along the center
line of Habersham Street to the center line of Hancock Street;
thence southerly along the center line of Hancock Street to the
center line of LaFayette Street; thence easterly along the center
line of LaFayette Street and an easterly extension thereof to
Speight Road, and including all houses in Speight Subdivision.
COMMISSIONER DISTRICT 4 - UPPER FORT
GAINES: This commissioner district shall consist of the north-
erly remainder of the City of Fort Gaines, Georgia, and the part of
Clay County, Georgia lying within the following metes and
bounds, to-wit: Commencing where Georgia Highway No. 39
intersects the present northerly boundary line of the City of Fort
Gaines, Georgia; running thence northerly along the center line of
Georgia Highway No. 39 to County Road No. 69; running thence
easterly along the center line of County Road No. 69 to the center
line of Cottonhill Road (County Road No. 43); running thence
northeasterly along the center line of Cottonhill Road to the
easterly boundary line of Clay County, Georgia; running thence
southerly along the easterly boundary line of Clay County,
Georgia to the center line of Gemochechobee Creek; thence west-
erly along the center line of Cemochechobee Creek to the easterly
boundary line of the City of Fort Gaines, Georgia; thence north-
erly and westerly along the easterly and northerly boundary lines
of the City of Fort Gaines, Georgia to the point of beginning.
COMMISSIONER DISTRICT 5 - SEVENTH DIS-
TRICT: This commissioner district shall consist of the remain-
der of the County north of the northerly city limits of Fort Gaines,
Georgia and north and west of the northwesterly boundary line of
Commissioner District 4 as above described.
3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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) At the primary and general elections conducted in
1984, members of the board shall be elected to represent Commis-
sioner Districts 1 through 5, and they shall each serve for terms of
office of four years and until their successors are elected and quali-
fied.
(b) Members elected pursuant to the provisions of subsection (a)
of this section shall take office on the first day of January following
their election. Successors shall be elected at the general election
immediately preceding the expiration of their respective terms of
office and they shall take office on the first day of January immedi-
ately following their election and they shall each serve for terms of
office of four years and until their successors are elected and quali-
fied.
(c) No person shall be eligible to qualify as a candidate for
election to the board unless he shall have been a bona fide resident of
the commissioner district from which he is offering at least five years
immediately preceding the date of the election. Members of the
board of commissioners shall be nominated and elected in accordance
with Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia
Election Code, and they shall be elected by a majority vote of the
qualified voters of their respective commissioner districts.
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 1983
session of the General Assembly of Georgia a bill to amend an Act
creating a board of commissioners of roads and revenues for Clay
County, approved February 16,1953 (Ga. L. 1953, Jan.-Feb. Sess., p.
2326), as amended; and for other purposes.
GEORGIA LAWS 1983 SESSION
3789
This 3rd day of January, 1983.
/s/ Gerald Isler
Chairman,
Clay 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 is Representative from the 131st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cuthbert Times News Record which is the
official organ of Clay County, on the following dates: January 13, 20,
27,1983.
/s/ Bob Hanner
Representative,
131st District
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CATOOSA COUNTY CLERK OF SUPERIOR COURT
SALARY, ETC.
No. 82 (House Bill No. 699).
AN ACT
To amend an Act placing the judge of the Probate Court of
Catoosa County and the clerk of the Superior Court of Catoosa
County on an annual salary in lieu of fees, approved February 20,
1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act
approved March 18,1980 (Ga. L. 1980, p. 3570), so as to increase the
salary of said clerk; to increase the clerical help allowance for the
judge of the probate court; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the judge of the Probate Court of
Catoosa County and the clerk of the Superior Court of Catoosa
County on an annual salary in lieu of fees, approved February 20,
1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act
approved March 18, 1980 (Ga. L. 1980, p. 3570), is amended by
striking from Section 2 the following;
$20,000.00,
and inserting in lieu thereof the following:
$24,000.00,
so that when so amended Section 2 shall read as follows:
Section 2. The salaries of said county officers shall be as
follows:
The judge of the
probate court.........................$ 7,000.00 per annum
Clerk of the superior court.............$ 24,000.00 per annum
All salaries payable under this Act shall be paid in equal monthly
installments from funds of Catoosa County.
GEORGIA LAWS 1983 SESSION
3791
Section 2. Said Act is further amended by striking from Section
3 the following:
$14,600.00,
and substituting in lieu thereof the following:
$17,600.00,
so that when so amended Section 3 shall read as follows:
Section 3. The maximum allowance to be paid for clerical help
shall be:
Clerical help for the judge of
the probate court....;..................$ 17,600.00 per annum
Clerical help for the clerk of
the superior court......................$ 26,000.00 per annum
All allowances payable under this Act shall be paid directly by the
county treasurer to the person or persons performing such clerical
help. No person performing such clerical help for the judge of the
probate court shall be related to said judge closer than the fifth degree
of consanguinity or affinity. No person performing such clerical help
for the clerk of the superior court shall be related to said clerk closer
than the fifth degree of consanguinity or affinity. The allowances
provided in this section shall be used to employ full-time clerical help.
In no event shall such allowances be used to pay bonuses to full-time
employees or to pay for part-time clerical help. In the event the
maximum allowance for clerical help is not needed for such purposes,
then the unused portion thereof shall remain as part of the general
funds of the county.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be requested local legislation
to increase the salary of the Clerk of the Superior Court of Catoosa
County, Georgia, and to increase the clerical allowance for said office,
at the January, 1983 Session of the General Assembly of the State of
Georgia.
This the 29th day of December, 1982.
Norman L. Stone
Clerk, Superior Court,
Catoosa County, Georgia
Proof of Publication.
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which Sheriffs advertisements are published in Catoosa County,
Georgia, and that the notice shown below has been duly and regularly
published in The Catoosa County news 3 times, on the issues dated,
to-wit: January, 6,13 and 20,1983.
/s/ Jim Caldwell
GEORGIA LAWS 1983 SESSION
3793
Sworn to and subscribed before me,
this the 21 day of January, 1983.
/s/ Juanita Caldwell
Notary Public, Georgia State at Large.
My Commission Expires April 22, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be requested local legislation
to increase the clerical allowance in the office of the Probate Court at
the January 1983 Session of the General Assembly of the State of
Georgia.
This the 29th day of December, 1982.
Sam T. Dills
Probate Judge of
Catoosa County, Georgia
Proof of Publication.
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which Sheriffs advertisements are published in Catoosa County,
Georgia, and that the notice shown below has been duly and regularly
published in The Catoosa County news 3 times, on the issues dated,
to-wit: January 6,13, and 20,1983.
/s/ Jim Caldwell
3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this the 21 day of January, 1983.
/s/ Juanita Caldwell
Notary Public, Georgia State at Large.
My Commission Expires April 22, 1985.
(Seal).
Approved March 14, 1983.
CATOOSA COUNTY TAX COMMISSIONER
ALLOWANCES FOR CLERICAL ASSISTANTS.
No. 83 (House Bill No. 700).
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 12,1982 (Ga. L. 1982,
p. 4618), so as to increase 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 12,1982 (Ga. L. 1982,
p. 4618), is amended by striking Section 5, which reads as follows:
GEORGIA LAWS 1983 SESSION
3795
Section 5. The compensation of the tax commissioner of
Catoosa County, as full compensation for any and all duties per-
formed by him as receiver and collector of school district and school
bond taxes, and of county taxes for the first 90 percent of the ad
valorem net digest, shall be a fixed salary of $6,000.00 per annum, to
be paid in equal semimonthly installments; and the sum of $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 commis-
sioner for school taxes, school bond taxes, and any and all other taxes
not hereinabove specifically mentioned shall be paid into the county
treasury. All allowances and salaries paid under this Act shall be paid
directly by the county treasurer to the person or persons performing
such clerical help, and no person performing such clerical help for the
tax commissioner shall be related to said commissioner closer than
the fifth degree of consanguinity or affinity. In no event shall the
clerical allowance provided in this section be used to pay bonuses to
employees. In the event the maximum allowance for clerical help is
not needed for such purpose, then the unused portion thereof shall
remain as part of the general funds of the county.,
and inserting in its place a new Section 5 to read as follows:
Section 5. The compensation of the tax commissioner of
Catoosa County, as full compensation for any and all duties per-
formed by him as receiver and collector of school district and school
bond taxes, and of county taxes for the first 90 percent of the ad
valorem net digest, shall be a fixed salary of $6,000.00 per annum, to
be paid in equal semimonthly installments; and the sum of $33,800.00
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
3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 and for
certain motor vehicle title transactions pursuant to Chapters 2 and 3
of Title 40 of the O.C.G.A. All commissions due to said tax commis-
sioner for school taxes, school bond taxes, and any and all other taxes
not hereinabove specifically mentioned shall be paid into the county
treasury. All allowances and salaries paid under this Act shall be paid
directly by the county treasurer to the person or persons performing
such clerical help, and no person performing such clerical help for the
tax commissioner shall be related to said commissioner closer than
the fifth degree of consanguinity or affinity. In no event shall the
clerical allowance provided in this section be used to pay bonuses to
employees. In the event the maximum allowance for clerical help is
not needed for such purpose, then the unused portion thereof shall
remain as part of the general funds of the county.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is hereby given that there will be requested local legislation
to increase the clerical allowance of the office of the Tax Commis-
sioner of Catoosa County, Georgia, and for other purposes, at the
January, 1983 session of The General Assembly of the State of
Georgia.
This the 30th day of December, 1982.
Charles Proctor, Sr.
Tax Commissioner,
Catoosa County
GEORGIA LAWS 1983 SESSION
3797
Proof of Publication.
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which Sheriffs advertisements are published in Catoosa County,
Georgia, and that the notice shown below has been duly and regularly
published in The Catoosa County News 3 times, on the issues dated,
to-wit: January 6,13,20,1983.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 21 day of January, 1983.
/s/ Juanita Caldwell
Notary Public, Georgia State at Large.
My Commission Expires April 22, 1985.
(Seal).
Approved March 14, 1983.
CITY OF BROOKLET PUNISHMENT FOR
VIOLATIONS OF CITY ORDINANCES, ETC.
No. 84 (House Bill No. 701).
AN ACT
To amend an Act incorporating Brooklet in Bulloch County,
approved August 21,1906 (Ga. L. 1906, p. 548), as amended, particu-
3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
larly by an Act approved April 9,1968 (Ga. L. 1968, p. 3448), so as to
increase the maximum punishment for violations of city ordinances;
to provide for jurisdiction of the city 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 incorporating Brooklet in Bulloch County,
approved August 21,1906 (Ga. L. 1906, p. 548), as amended, particu-
larly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3448), is
amended by striking from Section 21 the following:
two hundred dollars,
and inserting in lieu thereof the following:
$600.00,
and by striking the following:
sixty days,
and inserting in lieu thereof the following:
ninety days,
so that when so amended said Section 21 shall read as follows:
Section 21. Be it enacted, That the mayor and council of
Brooklet shall have power and authority to pass and enforce any
ordinances providing for the arrest, trial and punishment of any
offenders against the charter and bylaws and ordinances of said town,
passed in accordance with this charter, by fine, imprisonment, or
work on the streets, one or more of said punishments; provided, said
fines shall not exceed the sum of $600.00 and said imprisonment or
period of labor shall not exceed ninety days.
GEORGIA LAWS 1983 SESSION
3799
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 a bill will be introduced in the January,
1983, Session of the General Assembly of Georgia to amend the
charter of the Town of Brooklet (Ga. L. 1906, p. 548, as amended) so
as to increase the maximum fine for violation of ordinances of the
Town of Brooklet from two hundred dollars to six hundred dollars,
and said imprisonment or period of labor shall not exceed ninety
days.
This 11 day of January, 1983.
John Godbee
Representative,
110th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee, who, on oath,
deposes and says that he is Representative from the 110th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Statesboro Herald which is the
official organ of Bulloch County, on the following dates: January 13,
20,27,1983.
/s/ John F. Godbee
Representative,
110th District
3800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
OCONEE COUNTY COMPENSATION OF CHAIRMAN
AND MEMBERS OF BOARD OF COMMISSIONERS.
No. 85 (House Bill No. 709).
AN ACT
To amend an Act creating the board of commissioners of Oconee
County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended,
particularly by an Act approved March 31,1976 (Ga. L. 1976, p. 3568),
so as to change the compensation of the chairman and other members
of the board of commissioners of Oconee County; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Oconee
County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended,
particularly by an Act approved March 31,1976 (Ga. L. 1976, p. 3568),
is amended by striking Section 12 in its entirety and inserting in lieu
thereof a new Section 12 to read as follows:
Section 12. (a) The chairman of the board of commissioners
of Oconee County shall be paid the sum of $18,000.00 per annum,
payable in equal monthly installments from the funds of Oconee
County.
GEORGIA LAWS 1983 SESSION
3801
(b) The remaining members of said board shall each be paid the
sum of $200.00 per month for their services, said sum to be paid from
the funds of Oconee 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
1983 session of the General Assembly of Georgia, a bill to change the
compensation of the Chairman and other members of the Board of
Commissioners of Oconee County; to provide for matters relative
thereto; and for other purposes.
This 24th of January, 1983.
E. R. Lambert
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 is Representative from the 66th 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 27,
February 3,10,1983.
/s/ E. Roy Lambert
Representative,
66th District
3802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF ARAGON CITY COURT AUTHORITY
TO IMPOSE PUNISHMENT FOR VIOLATIONS OF
ORDINANCES.
No. 86 (House Bill No. 754).
AN ACT
To amend an Act creating a new charter for the City of Aragon,
approved April 10,1971 (Ga. L. 1971, p. 3770), as amended, so as to
change certain fines; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Aragon,
approved April 10, 1971 (Ga. L. 1971, p. 3770), as amended, is
amended by striking from subsection (d) of Section 13 thereof the
following:
three hundred dollars ($300.00),
and inserting in its place the following:
GEORGIA LAWS 1983 SESSION
3803
$1,000.00,
so that when so amended said subsection (d) shall read as follows:
(d) Upon the conviction of any defendant of violation of any
law or ordinance of said City, said court will have the right to sentence
said defendant to pay a fine not exceeding $1,000.00 and to impris-
onment in the prison of said City or in the common jail of Polk
County, not exceeding ninety (90) days, and to work and labor in the
city chain gang or on the streets or public works of said City, whether
within or without the corporate limits, not exceeding ninety (90) days,
either or all or any part of all. And all sentences may be in the
alternative, and fines may be imposed with the alternative of the
other punishment in the event the fines are not paid. Said court shall
have power to assess costs against each defendant convicted, to be
collected and enforced, in addition to, and in the same manner as
fines; all of which costs and fines shall be paid into the city treasury.
And said court may issue executions for any unpaid fines and costs, to
be enforced in the same manner as ad valorem tax executions are
enforced.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Introduction of Local Legislation.
Notice is hereby given that there will be introduced at the next
Session of the General Assembly of Georgia local legislation to amend
the Charter of the City of Aragon in the following particular. To
amend Section 13 of the Charter of the City of Aragon, Georgia (Ga.
Laws 1971, Act No. 1287); so that the same will provide an increase in
the maximum fine limitations from $300.00 to $1,000.00; and for other
purposes.
Copies of the Proposed Amendment will be on file with the Office
of Clerk with the City of Aragon, Georgia, for the purpose of examina-
tion and inspection by the public during normal daily business hours.
Dated: January 25,1983.
William L. Pittman
City of Aragon
3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 1,8 and 15,1983.
/s/ Bill Cummings
Representative,
17th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 14, 1983.
BURKE COUNTY DISTRICT ELECTION OF
COMMISSIONERS.
No. 87 (House Bill No. 760).
AN ACT
To amend an Act creating the board of commissioners of Burke
County, approved August 21,1911 (Ga. L. 1911, p. 390), as amended,
GEORGIA LAWS 1983 SESSION
3805
particularly by an Act approved August 14,1931 (Ga. L. 1931, p. 400),
so as to provide for the election of the members of the board of
commissioners from districts; 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 board of commissioners of Burke
County, approved August 21,1911 (Ga. L. 1911, p. 390), as amended,
particularly by an Act approved August 14,1931 (Ga. L. 1931, p. 400),
is amended by striking Section 1, relating to creation of the board and
election of its members, and inserting in its place a new Section 1 to
read as follows:
Section 1. (a) There shall be a board of commissioners of Burke
County which shall consist of five members. The terms of the
members in office on the effective date of this section shall expire
December 31,1984, as provided in the order entered October 7,1982,
by the United States District Court for the Southern District of
Georgia in Civil Action No. CV 176-55. Their successors and future
successors shall be elected at the general election held in 1984 and
quadrennially thereafter. The terms of all such members shall be for
four years beginning on the first day of January next following their
election and until their successors are elected and qualified.
(b) For purposes of electing members of the board of commis-
sioners, Burke County is divided into five commissioner districts as
follows:
Commissioner District No. 1
Burke
Tract 9902
Blocks 333 through 338
That part of Block 339 outside
the City of Waynesboro
Block Groups 5 through 7
Tract 9903
Those parts of Blocks 405, 406, and
413 which lie south of the
Southern Natural Gas Company
pipeline
3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Blocks 414 through 416
Those parts of Blocks 417 and 421 which
lie south of the Southern Natural
Gas Company pipeline
Block Groups 5 through 9
Commissioner District No. 2
Burke
Tract 9902
Block Groups 1 and 2
Blocks 301 through 332
That part of Block 339 within
the City of Waynesboro
Blocks 340 through 348 and
429 through 459
Commissioner District No. 3
Burke
Tract 9901
Block Groups 1 through 3
Blocks 402, 403, 405, 406,
409 through 413, and
501 through 506
Tract 9902
Blocks 401 through 428
Commissioner District No. 4
Burke
Tract 9901
Blocks 401, 414 through 416, and
507 through 517
Block Groups 6 through 9
Tract 9903
Blocks 301 through 307
Commissioner District No. 5
Burke
Tract 9903
Block Groups 1 and 2
Blocks 308 through 330, 401 through
GEORGIA LAWS 1983 SESSION
3807
404, and 407 through 412
Those parts of Blocks 405, 406, 413,
and 417 which lie north of the
Southern Natural Gas Company pipeline
Blocks 418 through 420
That part of Block 421 which lies north
of the Southern Natural Gas Company
pipeline
(c) For the purposes of subsection (b) 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.
(3) Any part of Burke County which is not included in any
district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
(d) In order to be eligible for election to the board, a candidate
must be at least 28 years of age and must have been a resident of the
district he seeks to represent for at least one year next preceding the
date of the general election. Each commissioner shall be elected by
the voters of the district he represents and each candidate shall
designate by commissioner district number the position he is seek-
ing.
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.
3808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to change the
composition of the districts from which members of the Burke
County board of commissioners are elected; to provide for all related
matters; and for other purposes.
This 27th day of January, 1983.
/s/ Preston B. Lewis, Jr.
Burke County Attorney
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 is Representative from the 108th 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: February 2,9 and 16,
1983.
/s/ Emory E. Bargeron
Representative,
108th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3809
JEFFERSON COUNTY PROBATE JUDGE
METHOD OF COMPENSATING CHANGED, ETC.
No. 88 (House Bill No. 761).
AN ACT
To abolish the mode of compensating the probate judge of
Jefferson County known as the fee system; to provide in lieu thereof
an annual salary for said officer; 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; to provide for all matters relative to the forego-
ing; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The mode of compensating the probate judge of
Jefferson County known as the fee system, is abolished and, in lieu
thereof, said officer shall receive an annual salary equal to the
minimum annual salary prescribed for said officer by the general law
of this state fixing minimum annual salaries for probate judges who
are compensated on a salary basis. This salary shall be paid in equal
monthly installments from the funds of Jefferson County.
Section 2. After the effective date of this Act, the judge of the
probate court of Jefferson County 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 as compensation for services in any
capacity in his office, and shall receive and hold the same in trust for
said county as public moneys, and shall pay the same into the county
treasury on or before the fifteenth day of each month next following
3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the month in which they were collected or received. At the time of
each such monthly payment into the county treasury, said officer
shall furnish the governing authority of the county a detailed,
itemized statement, under oath, of all such funds received during the
preceding month by said officer and paid into the county treasury.
The statement shall show the respective amounts of money collected
and the source thereof.
Section 3. The necessary operating expenses for the office of
said judge of the probate court, expressly including the compensation
of all personnel and employees, shall be paid from any funds of the
county available for such purpose. All supplies, materials, furnish-
ings, furniture, utilities, and equipment, and the repair, replacement,
and maintenance thereof, as may be reasonably required in discharg-
ing the official duties of his 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 Jefferson County.
Section 4. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1933 session of the General Assembly of Georgia a bill to place the
Probate Judge of Jefferson County on a salary and for other purposes.
This 31st day of January, 1983.
E. E. Bargeron
Representative,
83rd District
Representative/Elect,
108th District
GEORGIA LAWS 1983 SESSION
3811
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 is Representative from the 108th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the News and Farmer and Wadley
Herald which is the official organ of Jefferson County, on the follow-
ing dates: February 3,10 and 17,1983.
/s/ Emory E. Bargeron
Representative,
108th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 14, 1983.
FLOYD COUNTY BOARD OF COMMISSIONERS
POWERS.
No. 90 (House Bill No. 764).
AN ACT
To amend an Act creating the Board of Commissioners of Floyd
County, approved July 28,1917 (Ga. L. 1917, p. 351), as amended, so
3812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as to authorize the Board of Commissioners of Floyd County to enact
ordinances including, but not limited to, traffic ordinances and
garbage and solid waste disposal ordinances for the governing and
policing of the unincorporated areas of said county and the enforce-
ment of all duties and powers now or hereafter vested in such board
and to provide penalties for the violation of such ordinances in
amounts not to exceed $300.00 per violation; to provide that the
Superior Court of Floyd County shall have jurisdiction over such
offenses; 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
Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as
amended, is amended by adding a new section immediately following
Section 5A, to be designated Section 5B, to read as follows:
Section 5B. Notwithstanding any other provisions of law, the
Board of Commissioners of Floyd County is authorized to adopt
ordinances including, but not limited to, traffic ordinances and
garbage and solid waste disposal ordinances for the governing and
policing of the unincorporated areas of said county for the purpose of
protecting and preserving the health, safety, welfare, and morals of
the citizens thereof as it may deem advisable, not in conflict with the
general laws of this state and of the United States, and for the
implementation and enforcement of all duties and powers new or
hereafter vested in the board of commissioners. The board of
commissioners is further authorized to provide penalties for the
violation of such ordinances in amounts not to exceed $300.00 per
violation. The Superior Court of Floyd County shall have jurisdiction
in Floyd County over such offenses.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
GEORGIA LAWS 1983 SESSION
3813
creating the board of commissioners of Floyd County, approved July
28,1917 (Ga. L. 1917, p. 351), as amended; and for other purposes.
This 29th day of January, 1983.
John Adams
Representative,
16th District
E. M. Childers
Representative,
15th District, Post 1
Forrest McKelvey
Representative,
15th District, Post 2
Ed Hine
Senator,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Adams, who, on oath, deposes
and says that he is Representative from the 16th 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: February 3,10,17,1983.
/s/ John Adams
Representative,
16th District
3814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
NEWTON COUNTY HOMESTEAD EXEMPTIONS
REFERENDUM.
No. 91 (House Bill No. 767).
AN ACT
To specify what homestead exemptions from Newton County and
Newton County School District ad valorem taxation shall be available
to residents of Newton County; 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. With respect to Newton County and Newton County
School District ad valorem taxes, residents of Newton County shall
not be entitled to any homestead exemption other than the home-
stead exemptions granted by this Act, except that a disabled veteran
may be entitled to the homestead exemption granted especially to
disabled veterans.
Section 2. The exemptions specified in this Act shall apply to
Newton County and Newton County School District taxes but shall
not affect any other taxes.
GEORGIA LAWS 1983 SESSION
3815
Section 3. (a) Four thousand dollars of the assessed value of
the homestead of each resident of Newton County shall be exempt
from all such county and school district taxes, except taxes to retire
bonded indebtedness.
(b) In addition to the exemption granted by subsection (a) of
this section, $10,000.00 of the assessed value of the homestead of each
resident of Newton County who is sixty-two years of age or over or
disabled shall be exempt from all such county and school district
taxes, including taxes to retire bonded indebtedness, if his or her
income does not exceed $10,000.00 for the immediately preceding
year.
(c) For purposes of this Act, the term income means federal
adjusted gross income of the taxpayer and his or her spouse except
that the term income shall not include federal social security
benefits or other retirement, survivor, or disability benefits except
those which are in excess of the maximum amount authorized to be
received by an individual and his or her spouse under the federal
social security law.
(d) For purposes of this Act, the term disabled means that a
person is permanently mentally or physically incapacitated to the
extent that he or she is unable to be gainfully employed.
Section 4. This Act shall apply to all tax years beginning on or
after January 1,1985.
Section 5. If the tax officials of Newton County have in their
records on January 1,1985, sufficient information to determine that a
taxpayer qualifies for a homestead exemption granted by this Act, the
taxpayer shall be granted such exemption without filing an applica-
tion. Otherwise a taxpayer shall apply for an exemption as provided
by general law; but once a homestead exemption has been granted in
one year it shall continue to be granted for future years without
further application so long as the taxpayer qualifies.
Section 6. Not less than 30 nor more than 60 days before the
date of the November, 1984, general election, it shall be the duty of
the election superintendent of Newton County to issue the call for an
election for the purpose of submitting this Act to the electors of
Newton County for approval or rejection. The superintendent shall
set the date of such election for the date of the November, 1984,
3816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Newton County.
The ballot shall have written or printed thereon the words:
( ) YES Shall the Act which provides for each
( ) NO resident of Newton County a
$4,000.00 homestead exemption and
which provides for certain elderly
and disabled residents of Newton
County a $10,000.00 homestead ex-
emption 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, Sections 1 through 5 of this Act shall
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 Newton 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 1983
session of the General Assembly of Georgia, a bill to specify what
homestead exemptions from Newton County and Newton County
School District ad valorem taxation shall be available to residents of
Newton County; to provide for a referendum; to provide for all related
matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1983 SESSION
3817
This 3rd day of February, 1983.
Denny Dobbs
Representative,
74th District
E. R. Lambert
66th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Denny M. Dobbs, who, on oath,
deposes and says that he 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: February 3,10,17,
1983.
/s/ Denny M. Dobbs
Representative,
74th District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BULLOCH COUNTY COMPENSATION OF
CORONER.
No. 92 (House Bill No. 769).
AN ACT
To amend an Act placing the coroner of Bulloch County on an
annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), as
amended by an Act approved March 31,1976 (Ga. L. 1976, p. 3762), so
as to change the compensation of the coroner; to provide that this Act
shall become effective January 1,1985; 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 Bulloch County on an
annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), as
amended by an Act approved March 31,1976 (Ga. L. 1976, p. 3762), is
amended by striking from Section 1 the figure 1,200 and inserting
in its place the figure $2,400.00, so that when so amended Section 1
shall read as follows:
Section 1. The coroner of Bulloch County is hereby placed on a
salary basis in lieu of a fee basis for all of his services, and shall be
compensated in the amount of $2,400.00 per annum to be paid in
equal monthly installments from the funds of Bulloch County. Such
salary shall be in lieu of all fees, costs, commissions, allowances,
monies and all other emoluments and perquisites of whatever kind
previously allowed the coroner, and they shall become the property of
Bulloch County and shall be paid to the fiscal officer of the county on
or before the fifteenth day of each month for the preceeding month.
Section 2. This Act shall become effective January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
3819
Notice to the Public.
The public is notified that there will be introduced in the 1983
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of the Chairman and Members of Bulloch
County Board of Commissioners and of the Coroner of Bulloch
County, Georgia.
It is contemplated that the changes in compensation will be an
increase for those concerned, to be effective with the term beginning
January 1,1985.
This January 13,1983.
John F. Godbee
Representative,
District 110
Bob Lane
Representative,
District 111
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Lane, who, on oath, deposes and
says that he is Representative from the 111th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Statesboro Herald which is the official organ of
Bulloch County, on the following dates: January 14,21,28,1983.
/s/ Bob Lane
Representative,
111th District
3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
BULLOCH COUNTY sA COMPENSATION OF CLERK
OF PROBATE COURT.
No. 93 (House Bill No. 772).
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 April 12,1982
(Ga. L. 1982, p. 4497), 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 April
12, 1982 (Ga. L. 1982, p. 4497), 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 $10,111.00
per annum. The assistant shall be compensated out of funds of
Bulloch County.
GEORGIA LAWS 1983 SESSION
3821
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 to the Public.
The public is notified that there will be introduced in the 1983
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners Office; and Office of the
Clerk of Bulloch County Superior Court.
It is contemplated that the changes in compensation will be an
increase for those concerned, to be effective on the first day of the
month following approval by the Governor of Georgia.
This January 29,1983.
Robert Emory Lane
Representative,
District 111
John F. Godbee
Representative,
District 110
Joseph E. Kennedy
Senator,
District 4
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee, who, on oath,
3822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he is Representative from the 110th 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: February 3,
10,17,1983.
/s/ John F. Godbee
Representative,
110th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
BULLOCH COUNTY CLERK OF SUPERIOR
COURT 4- COMPENSATION OF DEPUTIES AND
OTHER PERSONNEL.
No. 94 (House Bill No. 773).
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 April
12,1982 (Ga. L. 1982, p. 3947), so as to change the compensation of
the clerks employees; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
3823
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 April
12, 1982 (Ga. L. 1982, p. 3947), 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 $10,111.00 per annum, and a
docket clerk and to fix his compensation at a figure not to exceed
$9,332.00 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 $8,651.00 per annum,
such salary to be paid in equal monthly installments from the funds of
Bulloch County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice to the Public.
The public is notified that there will be introduced in the 1983
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners Office; and Office of the
Clerk of Bulloch County Superior Court.
It is contemplated that the changes in compensation will be an
increase for those concerned, to be effective on the first day of the
month following approval by the Governor of Georgia.
3824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This January 29,1983.
Robert Emory Lane
Representative,
District 111
John F. Godbee
Representative,
District 110
Joseph E. Kennedy
Senator,
District 4
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee, who, on oath,
deposes and says that he is Representative from the 110th 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: February 3,
10,17,1983.
/s/ John F. Godbee
Representative,
110th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3825
GLYNN COUNTY PROBATE COURT PERSONNEL.
No. 95 (House Bill No. 778).
AN ACT
To amend an Act placing the clerk of the Superior Court and judge
of the Probate Court of Glynn County on an annual salary, approved
March 27,1972 (Ga. L. 1972, p. 3199), as amended, particularly by an
Act approved April 9,1981 (Ga. L. 1981, p. 4339), so as to change the
provisions relative to the personnel of the office 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 clerk of the Superior Court and
judge of the Probate Court of Glynn County on an annual salary,
approved March 27,1972 (Ga. L. 1972, p. 3199), as amended, particu-
larly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4339), is
amended by striking subsection (b) of Section 5, which reads as
follows:
(b) The judge of the probate court shall be authorized to
employ one or more deputies. The judge of the probate court shall fix
the salaries of such deputies but the total of such salaries shall not
exceed $24,800.00 annually. Such salaries shall be paid in equal
monthly installments from the funds of Glynn County.,
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The judge of the probate court shall have the authority to
appoint such deputies, clerks, assistants, and other personnel as he
shall deem necessary to discharge the official duties of his office
efficiently and effectively. He shall, from time to time, recommend to
the governing authority of said county the number of such personnel
3826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
needed by his office, together with the suggested compensation to be
paid each employee. However, it shall be within the sole discretion of
the governing authority of said county to fix the compensation to be
received by each employee in said office. It shall be within the sole
power and authority of the judge of the probate court, during his term
of office, to designate and name the person or persons who shall be
employed as such deputies, clerks, assistants, or other employees and
to prescribe their duties and assignments and to remove or replace
any of such employees at will and within his sole discretion.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia a bill to amend an
Act abolishing the fee system mode of compensating the Clerk of
Superior Court and the Judge of the Probate Court of Glynn County
and placing said officers on an annual salary, approved March 27,
1972 (Georgia Law 1972, p. 3199), as amended; and for other pur-
poses.
This 27th day of January, 1983.
Dean G. Auten
Representative,
156th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Dean G. Auten, who, on oath, deposes
and says that he is Representative from the 156th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Brunswick News which is the official organ
of Glynn County, on the following dates: January 31, February 7,14,
1983.
GEORGIA LAWS 1983 SESSION
3827
/s/ Dean G. Auten
Representative,
156th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF SAVANNAH BOARD OF ALDERMEN
MANNER OF FILLING VACANCIES.
No. 96 (Senate Bill No. 301).
AN ACT
To amend an Act entitled To amend the several Acts relating to
and incorporating the Mayor and Aldermen of the City of Savannah,
so as to provide that there shall be eight Aldermen of the City of
Savannah; to provide for the election of said Aldermen; to extend the
corporate limits of the City of Savannah; to provide for other matters
relative to the foregoing; to provide for a referendum; to provide for
severability; to provide for effective dates; to repeal conflicting laws;
and for other purposes., approved March 17, 1978 (Ga. L. 1978, p.
3998), so as to provide for filling vacancies in the Board of Aldermen
of the City of Savannah; to repeal conflicting laws; and for other
purposes.
3828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled To amend the several Acts relating
to and incorporating the Mayor and Aldermen of the City of
Savannah, so as to provide that there shall be eight Aldermen of the
City of Savannah; to provide for the election of said Aldermen; to
extend the corporate limits of the City of Savannah; to provide for
other matters relative to the foregoing; to provide for a referendum; to
provide for severability; to provide for effective dates; to repeal
conflicting laws; and for other purposes., approved March 17, 1978
(Ga. L. 1978, p. 3998), is amended by adding at the end of quoted
Section 2 of Section 1 of said Act a new subsection (c) to read as
follows:
(c) Any other provisions of any other Acts relating to and
incorporating the Mayor and Aldermen of the City of Savannah to the
contrary notwithstanding, if a vacancy occurs on the Board of Aider-
men of the City of Savannah for any reason and the remaining term of
office is more than two years, such vacancy shall be filled for the
unexpired term by special election, and if the remaining term of office
is two years or less, such vacancy shall be filled by the Mayor and the
remaining members of the Board of Aldermen, by majority vote,
electing a qualified person to fill such vacancy for the unexpired term.
A special election to fill a vacancy shall be held within the Aldermanic
District wherein the vacancy occurs, or if the vacancy is in Aider-
manic Post 1 or 2, such special election shall be held at large. A special
election to fill a vacancy shall be called within 15 days after the date
the vacancy occurs and shall be held within 60 days after the vacancy
occurs. Such special elections shall be held and conducted in the
same manner as other elections for membership on the Board of
Aldermen. A person elected to fill a vacancy by special election or by
the Mayor and remaining members of the Board of Aldermen shall
possess the qualifications to hold office as aldermen from the Aider-
manic District or Post wherein the vacancy occurred.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend the
charter of the mayor and aldermen of the City of Savannah, and for
other purposes.
GEORGIA LAWS 1983 SESSION
3829
Albert Scott
Senator,
2nd 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 is Senator from the 2nd District, and that the at-
tached copy of Notice of Intention to Introduce Local Legislation was
published in the Georgia Gazette which is the official organ of Chat-
ham County, on the following dates: February 2, 9,16,1983..
/s/ Albert Scott
Senator,
2nd District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JONES COUNTY OFFICE OF TAX COMMISSIONER
CREATED.
No. 97 (Senate Bill No. 287).
AN ACT
To consolidate the offices of tax receiver and tax collector of Jones
County into the office of tax commissioner of Jones County; to
provide for the rights, duties, and liabilities of said office; to provide
for the election of the tax commissioner; to provide for his term of
office; to provide for the method of filling vacancies; to provide for the
compensation of the tax commissioner; to provide 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 per-
sonnel in the office of the tax commissioner, their compensation, and
the payment of expenses; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. The offices of tax receiver and tax collector of Jones
County are consolidated and combined into the one office of tax
commissioner of Jones County. The rights, duties, and liabilities of
the tax commissioner, except as otherwise provided in this Act, shall
be the same as those imposed upon the tax receivers and tax collectors
by the laws of this state.
Section 2. The first election for the office of tax commissioner
created in this Act shall be held at the same time as the election of
other county officers for Jones County in 1984. The person so elected
shall take office on the first day of January following his election and
shall serve until December 31, 1988, and until his successor is duly
elected and qualified. All future elections for tax commissioner shall
be held at the same time as elections for other county officers, and all
future tax commissioners shall take office on the first day of January
following their election and shall serve a term of office of four years
and until their successors are duly elected and qualified. Nothing in
this Act shall affect the term of office of the present tax collector and
tax receiver of Jones County and their terms of office shall continue
GEORGIA LAWS 1983 SESSION
3831
through December 31,1984. Should any vacancy occur in the office of
tax commissioner, such vacancy shall be filled in accordance with the
provisions of law for filling vacancies in the office of tax collector.
Section 3. Before entering upon the duties of his office, the tax
commissioner shall take the oath prescribed by law for tax collectors
and shall give bond as provided by law for the tax collector.
Section 4. All taxes due and payable at the time the tax
commissioner takes office shall continue to be due and payable until
paid. All tax fi. fas. theretofore issued shall have full force and effect
and be collectable as issued.
Section 5. (a) The tax commissioner shall receive an annual
salary of not less than $25,000.00, the exact amount of which shall be
determined by the governing authority of Jones County. The govern-
ing authority shall be authorized to increase such salary from time to
time as it deems appropriate. Said salary shall be paid from the funds
of Jones County.
(b) Unless the governing authority of Jones County grants
greater increases pursuant to subsection (a) of this section, on and
after January 1,1985, when the governing authority of Jones 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.
Section 6. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for services in any capacity and shall receive and hold the
same in trust for said county as public moneys and shall pay the same
into the county treasury on or before the fifteenth day of each month
next following the month in which they were collected or received. At
the time of each such monthly payment into the county treasury, the
tax commissioner shall furnish the governing authority of the county
a detailed, itemized statement, under oath, of all such funds received
during the preceding month by such officer and paid into the county
treasury. The statement shall show the respective amounts of money
collected and the source thereof. It is specifically provided that the
3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
salary provided in this Act 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 subsection (c)
of Code Section 40-2-30 of the O.C.G.A., 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 allowed by Code Section 48-5-180, relating to the
commission on taxes collected in excess of a certain percentage of the
taxes due according to the tax net digest.
Section 7. The tax commissioner shall have the authority to
employ three or four, at the discretion of the tax commissioner, full-
time employees and such other personnel as determined by the
governing authority of Jones County. The full-time personnel shall
receive a monthly salary of not less than $600.00, and the exact
amount of each such salary shall be determined by the governing
authority of Jones County. The governing authority shall be autho-
rized to increase such salaries from time to time as it deems appropri-
ate. Such salaries shall be paid from the funds of Jones County. It
shall be within the sole power and authority of the tax commissioner,
during his term of office, to designate and name the person or persons
who shall be employed, to fix their compensation, to prescribe their
duties and assignments, and to remove or replace any of such employ-
ees at will and within his sole discretion.
Section 8. The necessary operating expenses of the office of the
tax commissioner, expressly including the compensation of all per-
sonnel and employees, shall be paid from any funds of the county
available for such purposes. 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 Jones County, but the
compensation of the tax commissioner and the total amount for
compensating personnel of his office shall be set within the limits
provided by this Act.
Section 9. This Act shall become effective January 1, 1985,
except the provisions of Section 2, relative to the election of the tax
commissioner, which shall become effective on January 1,1984.
GEORGIA LAWS 1983 SESSION
3833
Section 10. 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
1983 session of the General Assembly of Georgia a bill to consolidate
the offices of tax receiver and tax collector of Jones County into the
one office of tax commissioner of Jones County; and for other
purposes.
This 17th day of January, 1983.
Culver Kidd
Senator,
25th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Culver Kidd, who, on oath, deposes
and says that he is Senator from the 25th District, and that the at-
tached copy of Notice of Intention to Introduce Local Legislation was
published in the Jones County News which is the official organ of
Jones County, on the following dates: January 20, 27 and February 3,
1983.
/s/ Culver Kidd
Senator,
25th District
3834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 14, 1983.
GRIFFIN-SPALDING COUNTY DEVELOPMENT
AUTHORITY POWERS AND DUTIES FURTHER
DEFINED, ETC.
No. 98 (Senate Bill No. 288).
AN ACT
To further define, prescribe and enlarge the powers and duties of
the Griffin-Spalding County Development Authority and further to
regulate the management and conduct thereof, said Authority having
been created pursuant to an Amendment to the Constitution of
Georgia of 1945 (Ga. Laws 1962, p. 945), which Amendment was
ratified at the general election held on November 6, 1962, and
continued in effect in the Constitution of Georgia of 1976 by virtue of
Article XIII, Section I, Paragraph II thereof and having been previ-
ously amended by Act No. 1134, Ga. Laws 1978, p. 4151 and by Act
No. 731, Ga. Laws 1981, p. 4875; to further expand the powers and
duties of the Authority in conformity with the recent changes in Title
36 Chapter 62 of the Official Code of Georgia Annotated; to provide
that projects in progress on the effective date of this Act may be
completed hereunder; to repeal conflicting laws; and for other pur-
poses.
GEORGIA LAWS 1983 SESSION
3835
Be it enacted by the General Assembly of Georgia:
Section 1. Pursuant to authority granted in Paragraph N of that
Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962 p.
945) (the amendment) which was ratified at the general election held
on November 6, 1962 and continued in effect in the Constitution of
Georgia of 1976 by virtue of Article XIII Section I Paragraph II
thereof, as the same was amended by Act No. 1134 Ga. Laws 1978,
page 4151, and by Act No. 731, Ga. Laws 1981, page 4875, the powers
of the Griffin-Spalding County Development Authority are further
defined, prescribed, and enlarged by:
(a) Striking Subparagraph 2 of Paragraph D which reads as
follows:
D...(2) To borrow money, to issue notes, bonds and revenue
certificates, to execute trust agreements or indentures, and to sell,
convey, mortgage, pledge and assign any and all of its funds,
property and income as security therefor;
in its entirety and by substituting therefor a new Subparagraph 2 of
Paragraph D to read as follows:
D...(2) To borrow money and issue its revenue bonds and bond
anticipation notes from time to time and to use the proceeds
thereof for the purpose of financing (by loan, grant, lease, or
otherwise) the cost of any project, including the cost of extending,
adding to, or improving the project, or for the purpose of refund-
ing any such bonds of the Authority theretofore issued and to
otherwise carry out the purposes of this Amendment and to pay all
other costs of the Authority incident to or necessary and appropri-
ate to such purposes, including the providing of funds to be paid
into any fund or funds to secure such bonds and notes, provided
that all such bonds and notes shall be issued in accordance with
the procedures and subject to the limitations set forth in the
Official Code of Georgia Section 36-63-8 and to sell, convey,
mortgage, pledge, and assign any and all of its funds, property,
and income as security therefor.
(b) Striking Subparagraph 4 of Paragraph D which reads as
follows:
3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
D...(4) To have and exercise usual powers of private corpora-
tions except such as are inconsistent with this Amendment,
including the power to appoint and hire officers, agents and
employees and to provide their compensation and duties which,
officers and agents may or may not be members of the Authority,
and the power to adopt and amend a corporate seal and by-laws
and regulations for the conduct and management of the Author-
ity;
in its entirety and by substituting therefor a new Subparagraph 4 of
Paragraph D to read as follows:
D...(4) To have and exercise usual powers of private corpora-
tions except such as are inconsistent with this Amendment,
including the power to appoint and hire officers, agents, engineers,
attorneys, fiscal agents, accountants, and employees and to pro-
vide their compensation and duties. These individuals may or
may not be members of the Authority. The Authority shall also
have the power to adopt and amend a corporate seal and by-laws
and regulations for the conduct and management of the Author-
ity; -
(c) Striking Subparagraph 5(a) of Paragraph D which reads as
follows:
D...(5)(a) Among the projects which the Authority may under-
take shall be to encourage and promote the expansion and
development of industrial and commercial facilities in
Spalding County and the City of Griffin so as to relieve
insofar as possible unemployment within the county, and to
that end to acquire by purchase or gift any building or
structure within the limits of Spalding County, to be used in
the production, manufacturing, processing, assembling, stor-
ing, or handling of any agricultural, manufactured, mining or
industrial product, or any combination of the foregoing, in
every case with all necessary or useful furnishings, machinery,
equipment, parking facilities, landscaping and facilities for
outdoor storage, all as determined by the Authority, which
determination shall be final and not subject to review. There
may be included as part of any such project all improvements
necessary to the full utilization thereof, including site prepa-
ration, roads and streets, sidewalks, water supply, outdoor
lighting, belt line railroad, causeways, terminals for railroad,
GEORGIA LAWS 1983 SESSION
3837
automotive and air transportation, and transportation facili-
ties incidental to the project, none of which foregoing descrip-
tive words shall be construed to constitute a limitation, but
none of the improvements described in this sentence shall be
the primary purpose of any project. Such acquisition may be
through the acquisition of land and the construction thereon
of a building, including the demolition of existing structures,
or through the acquisition of an existing building and the
remodeling, renovating, reconstructing, furnishing and
equipping of such building. Also included in the projects
which the Authority may undertake in pursuance of its
purpose shall be the acquisition, construction, improvement
or modification of any property, real or personal, used as air
or water pollution control facilities which any federal, State or
local agency having jurisdiction in the premises shall have
certified as necessary for the continued operation of the
industrial or commercial facilities which the same is to serve
and is necessary for the public welfare. For purposes hereof,
the term air pollution control facility shall mean any prop-
erty used primarily to abate or control atmospheric pollution
or contamination hy removing, containing, altering, disposing
or storing of atmospheric pollutants or contaminants if such
facility is in furtherance of federal, state or local standards for
control of atmospheric pollution or contaminants. For the
purpose hereof, the term water pollution control facility
shall mean any property used primarily to control water
pollution by removing, storing, altering or disposing of pollut-
ants, contaminants, wastes or heat, including the necessary
intercepting sewers, outfall sewers, pumping, power and other
equipment, holding ponds, lagoons and their appurtenances,
if such facility is in the furtherance of federal, State or local
standards for the control of water pollution.
in its entirety and by substituting therefor a new Subparagraph 5(a)
of Paragraph D to read as follows:
D...(5)(a) Among the projects which the Authority may under-
take shall be to encourage and promote the expansion and
development of industrial and commercial facilities in
Spalding County and the City of Griffin so as to relieve
insofar as possible unemployment within the county, and to
that end to finance any one or more buildings or structures to
be used in the production, manufacturing, processing, assem-
3838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bling, storing, or handling of any agricultural, manufactured,
mining, or industrial product or any combination of the
foregoing, in every case with all necessary or useful furnish-
ings, machinery, equipment, parking facilities, landscaping,
and facilities for outdoor storage, all as determined by the
Authority, which determination shall be final and not subject
to review; and there may be included as part of any such
project all improvements necessary to the full utilization
thereof, including site preparation, roads and streets, side-
walks, water supply, outdoor lighting, belt line railroad sidi-
ngs and lead tracks, bridges, causeways, terminals for rail-
road, automotive, and air transportation, transportation
facilities incidental to the project, and the dredging and
improving of harbors and waterways, none of which foregoing
descriptive words shall be construed to constitute a limita-
tion, provided that none of the improvements described in
this sentence shall be the primary purpose of any project;
(d) Striking Subparagraph 5(b) of Paragraph D which reads as
follows:
D...(5)(b) Among the projects which the Authority may under-
take shall be the power to acquire, construct, improve, or
modify any property, real or personal, used as or in connec-
tion with a sewage disposal facility or a solid waste disposal
facility which any federal, state, or local agency having juris-
diction in the premises shall have certified as necessary for
the continued operation of the industries which the same is to
serve and which is necessary for the public welfare, provided
that if such facility is to be operated by a political subdivision
of this state or an agency or instrumentality thereof, for its
general constituency, the certification need only state that
such facility is necessary for the public welfare; provided,
further, that for the purposes of this subparagraph, the term
sewage disposal facility means any property used for the
collection, storage, treatment, utilization, processing, or final
disposal of sewage; for the purposes of this subparagraph, the
term solid waste disposal facility means any property used
for the collection, storage, treatment, utilization, processing,
or final disposal of solid waste; for the purposes of this
subparagraph, the term solid waste means garbage, refuse,
or other discarded solid materials, including solid waste mate-
rials resulting from industrial and agricultural operations and
GEORGIA LAWS 1983 SESSION
3839
from community activities but does not include solids or
dissolved materials in domestic sewage or other significant
pollutants in water resources, such as salt, dissolved or sus-
pended solids in industrial waste-water effluents, and dis-
solved materials in irrigation return flows; and for the pur-
poses of this subparagraph, the word garbage includes
putrescible wastes, including animal and vegetable matters,
animal offal and carcasses, and recognizable industrial by-
products but excludes sewage and human wastes; and the
word refuse includes all nonputrescible wastes.
in its entirety and by substituting therefor a new Subparagraph 5(b)
of Paragraph D to read as follows:
D...(5)(b) Among the projects which the Authority may under-
take shall be the power to finance the acquisition, construc-
tion, improvement, or modification of any property, real or
personal, used as or in connection with a sewage disposal
facility or a solid waste disposal facility which any federal,
state, or local agency having jurisdiction in the premises shall
have certified as necessary for the continued operation of the
industries which the same is to serve and which is necessary
for the public welfare, provided that if such facility is to be
operated by a political subdivision of this state or an agency
or instrumentality thereof, for its general constituency, the
certification need only state that such facility is necessary for
the public welfare; provided, further, that for the purposes of
this subparagraph, the term sewage disposal facility means
any property used for the collection, storage, treatment,
utilization, processing, or final disposal of sewage; for the
purposes of this subparagraph, the term solid waste disposal
facility means any property used for the collection, storage,
treatment, utilization, processing, or final disposal of solid
waste; for the purposes of this subparagraph, the term solid
waste means garbage, refuse, or other discarded solid materi-
als, including solid waste materials resulting from industrial
and agricultural operations and from community activities
but does not include solids or dissolved materials in domestic
sewage or other significant pollutants in water resources, such
as salt, dissolved or suspended solids in industrial waste-
water effluents, and dissolved materials in irrigation return
flows; and for the purposes of this subparagraph, the word
garbage includes putrescible wastes, including animal and
3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vegetable matters, animal offal and carcasses, and recogniz-
able industrial by-products but excludes sewage and human
wastes; and the word refuse includes all nonputrescible
wastes.
(e) Striking Subparagraph 5(c) of Paragraph D which reads as
follows:
D...(5)(c) Among the projects which the Authority may under-
take shall be the power to acquire, construct, improve or
modify any property, real or personal or both, used as a peak
shave facility. Peak shave facility shall have the meaning
generally accepted and understood in the natural gas distri-
bution industry as that term is generally understood to
describe a storage facility for the purpose of avoiding undesir-
able consequences in the distribution system during peak
periods of consumption.
in its entirety and by substituting therefor a new Subparagraph 5(c)
of Paragraph D to read as follows:
D...(5)(c) Among the projects which the Authority may under-
take shall be the power to finance the acquisition, construc-
tion, improvement, or modification of any property, real or
personal or both, used as a peak shave facility, provided that
peak shave facility shall have the meaning generally
accepted and understood in the natural gas distribution
industry as that term is generally understood to describe a
storage facility for the purpose of avoiding undesirable conse-
quences in the distribution system during peak periods of
consumption; and any project involving a peak shave facility
may be undertaken as otherwise provided in this Amend-
ment;
(f) Striking Subparagraph 5(d) of Paragraph D which reads as
follows:
D...5(d) Among the projects which the Authority may under-
take shall be the power to acquire, construct, lease, improve,
modify any facilities and any property, real or personal or
both, useful or necessary in the transportation of persons or
property by air, provided that such projects shall not include
the creation of airports or airport terminal facilities or
GEORGIA LAWS 1983 SESSION
3841
improvements thereon, except as incidentally related to the
furnishing of transportation of persons or property by air as
provided in this subparagraph; such projects may include, but
shall not be limited to aircraft, aircraft maintenance and
reconditioning equipment, aircraft, communications equip-
ment and facilities for the maintenance and repair of such
equipment, ground support equipment and facilities used by
aircraft, any necessary or useful real or personal property or
rights to such property, all licenses, storage facilities includ-
ing storage and distribution facilities for fuel, and the acquisi-
tion, modernization, or expansion of existing facilities or
systems for transportation of persons or property by air, all as
determined by the Authority, which determination shall be
final and not subject to review; such projects for the trans-
portation of persons or property by air are authorized to assist
state and local governments to secure adequate systems of
transportation of passengers for hire as authorized by law and
for the development of trade, commerce, industry, and
employment opportunities; and such projects for the trans-
portation of persons or property by air may be undertaken to
the same extent and on the same conditions as otherwise
provided in this amendment for other facilities, except that
such projects may be authorized only for air transportation
systems which are not eligible to receive subsidies from the
federal government at the time the project is undertaken,
only where the corporate headquarters, the general mainte-
nance, repair, support, and communication facilities, the
general reservations, scheduling, and dispatch facilities, and
the personal residence of the majority of the employees are all
located within the geographic jurisdiction of the Authority,
and only if the aircraft are routinely dispatched from and
returned to the geographic jurisdiction of the Authority,
provided that the operation of flight equipment and inciden-
tal ground support facilities and equipment and the location
of employees of such a project outside of the geographic
jurisdiction of the Authority shall not be prohibited if the
conditions specified in this subparagraph are met; and pro-
vided, further, that no city, county, political subdivision, or
any development authority may ever operate any such facility
and the same must be acquired and operated by a private
company or individual who shall guarantee the repayment of
any obligations assumed, who shall be fully responsible for all
operating expenses and losses, and who shall be taxable as any
other private undertaking would be.
3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in its entirety and by substituting therefor a new Subparagraph 5(d)
to read as follows:
D...5(d) Among the projects which the Authority may under-
take shall be the power to finance the acquisition, construc-
tion, leasing, improvement, or modification of any facilities
and any property, real or personal or both, useful or necessary
in the transportation of persons or property by air, provided
that such projects shall not include the creation of airports or
airport terminal facilities or improvements thereon, except as
incidentally related to the furnishing of transportation of
persons or property by air as provided in this subparagraph;
such projects may include, but shall not be limited to aircraft,
aircraft maintenance and reconditioning equipment, aircraft
communications equipment and facilities for the mainte-
nance and repair of such equipment, ground support equip-
ment and facilities used by aircraft, any necessary or useful
real or personal property or rights to such property, all
licenses, storage facilities including storage and distribution
facilities for fuel, and the acquisition, modernization, or
expansion of existing facilities or systems for transportation
of persons or property by air, all as determined by the
Authority, which determination shall be final and not subject
to review; such projects for the transportation of persons or
property by air are authorized to assist state and local govern-
ments to secure adequate systems of transportation of pas-
sengers for hire as authorized by law and for the development
of trade, commerce, industry, and employment opportunities;
and such projects for the transportation of persons or prop-
erty by air may be undertaken to the same extent and on the
same conditions as otherwise provided in this amendment for
other facilities, except that such projects may be authorized
only for air transportation systems which are not eligible to
receive subsidies from the federal government at the time the
project is undertaken, only where the corporate headquarters,
the general maintenance, repair, support, and communication
facilities, the general reservations, scheduling, and dispatch
facilities, and the personal residence of the majority of the
employees are all located within the geographic jurisdiction of
the Authority, and only if the aircraft are routinely dis-
patched from and returned to the geographic jurisdiction of
the Authority, provided that the operation of flight equip-
ment and incidental ground support facilities and equipment
GEORGIA LAWS 1983 SESSION
3843
and the location of employees of such a project outside the
geographic jurisdiction of the Authority shall not be prohib-
ited if the conditions specified in this subparagraph are met;
and provided, further, that no city, county, political subdivi-
sion, or any development authority may ever operate any such
facility and the same must be acquired and operated by a
private company or individual who shall guarantee the repay-
ment of any obligations assumed, who shall be fully responsi-
ble for all operating expenses and losses, and who shall be
taxable as any other private undertaking would be.
(g) Striking Subparagraph 5(e) of Paragraph D which reads as
follows:
D...5(e) Among the projects which the Authority may under-
take shall be the power to acquire, construct, design, engineer,
improve, lease, maintain, modify, rebuild and repair any
facilities and any property utilized in connection with a
community antenna television system, or any combination of
the foregoing, including all necessary or useful land or rights
in land and all necessary or useful furnishings, machinery,
vehicles, equipment and parking facilities, all as determined
by the Authority, which determination shall be final and not
subject to review. Such projects are authorized to promote
the expansion and development of the cable communications
industry and to enhance employment opportunities through-
out Spalding County and to encourage local origination pro-
gramming by community antenna television systems on one
or more channels to include, but not be limited to, public
access, government and education programs.:
in its entirety and by substituting therefor a new Subparagraph 5(e)
of Paragraph D to read as follows:
D...5(e) Among the projects which the Authority may under-
take shall be the power to finance the acquisition, construc-
tion, design, engineering, improvement, leasing, maintaining,
modification, rebuilding, and repairing of any facilities and
any property utilized in connection with a community
antenna television system or any combination of the forego-
ing, including all necessary or useful land or rights in land and
all necessary or useful furnishings, machinery, vehicles,
equipment, and parking facilities, all as determined by the
3844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Authority, which determination shall be final and not subject
to review; such projects are authorized to promote the expan-
sion and development of the cable communication industry,
to enhance employment opportunities throughout this state,
and to encourage local origination programming by commu-
nity antenna television systems on one or more channels, to
include, but not be limited to, public access, government, and
education programs.
(h) Striking Subparagraph 5(f) of Paragraph D which reads as
follows:
D...(f) Among the projects which the Authority may undertake
shall be the power to acquire, construct, improve, or modify any
property, real or personal, which shall be suitable for or used as or
in connection with:
(A) Sports facilities, including private training and
related office and other facilities when authorized by the
governing authority of the political subdivision or municipal
corporation in which the facility is to be constructed and
maintained;
(B) Convention or trade show facilities;
(C) Airports, docks, wharves, mass commuting facili-
ties, parking facilities, or storage or training facilities directly
related to any of the foregoing;
(D) Facilities for the local furnishing of electric energy
or gas;
(E) Facilities for the furnishing of water, if available, on
reasonable demand to members of the general public; and
(F) Facilities for lodging and for providing meals, pro-
vided that such facilities are acquired, constructed, improved
or modified in connection with and adjacent to sports facili-
ties acquired, constructed, improved or modified pursuant to
Subparagraph (A) above or convention or trade show facili-
ties acquired, constructed, improved or modified pursuant to
Subparagraph (B) above.
GEORGIA LAWS 1983 SESSION
3845
in its entirety and by substituting therefor a new Subparagraph 5(f)
of Paragraph D to read as follows:
D...(f) Among the projects which the Authority may undertake
shall be the power to finance the acquisition, construction,
improvement, or modification of any property, real or personal,
which shall be suitable for or used as or in connection with:
(i) Sports facilities, including private training and
related office and other facilities when authorized by the
governing authority of the political subdivision or municipal
corporation in which the facility is to be constructed and
maintained;
(ii) Convention or trade show facilities;
(iii) Airports, docks, wharves, mass commuting facilities,
parking facilities, or storage or training facilities directly
related to any of the foregoing;
(iv) Facilities for the local furnishing of electric energy
or gas;
(v) Facilities for the furnishing of water, if available, on
reasonable demand to members of the general public; and
(vi) Hotel and motel facilities for lodging which also
may provide meals, provided that such facilities are con-
structed in connection with and adjacent to convention,
sports, or trade show facilities.
(i) Striking Subparagraph 5(g) of Paragraph D which reads as
follows:
D...5(g) Among the projects which the Authority may under-
take shall be the power to acquire or develop land as the site
for an industrial park. For purposes of the preceding sen-
tence, the term development of land includes the provision
of water, sewage, drainage, or similar facilities, or of trans-
portation, power, or communication facilities, which are inci-
dental to use of the site as an industrial park but, except with
respect to such facilities, does not include the provision of
structures or buildings, cost of the project and may be paid or
3846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
reimbursed as such out of the proceeds of revenue bonds or
notes issued under the provisions hereunder.
in its entirety and by substituting therefor a new Subparagraph 5(g)
of Paragraph D to read as follows:
D...5(g) Among the projects which the Authority may under-
take shall be the power to finance the acquisition or develop-
ment of land as the site for an industrial park, provided that
for purposes of this subparagraph, the term development of
land includes the provision of water, sewage, drainage, or
similar facilities or transportation, power, or communication
facilities which are incidental to use of the site as an industrial
park but, except with respect to such facilities, does not
include the provision of structures or buildings.
(j) Striking Subparagraph 5(h) of Paragraph D which reads as
follows:
D...5(h) Among the projects which the Authority may under-
take shall be the power to acquire, construct, lease, or finance
(i) an office building facility and related real and personal
property for use by any business enterprise which will further
the development of trade, commerce, industry, or employ-
ment opportunities in Spalding County and which will be
adjacent to or used in conjunction with any other existing or
proposed project now or hereafter defined in this subsection
(e) (which existing or proposed project shall be located within
the area of operation of the Authority and which is used or
intended to be used by such business enterprise), or (ii) a
separate office building facility and related real and personal
property for use by any business enterprise which will further
the development of trade, commerce, industry, or employ-
ment opportunities in Spalding County. No such office
building facility as herein defined shall be undertaken by the
Authority unless the Authority shall have determined that
the business enterprise to use such facility will be the primary
tenant.
in its entirety and by substituting therefor a new Subparagraph 5(h)
of Paragraph D to read as follows:
GEORGIA LAWS 1983 SESSION
3847
D...5(h) Among the projects which the Authority may under-
take shall be the power to finance the acquisition, construc-
tion, or leasing of:
(i) An office building facility and related real and
personal property for use by any business enterprise
which will further the development of trade, commerce,
industry, or employment opportunities in this state and
which shall be adjacent to or used in conjunction with
any other existing or proposed project defined in this
paragraph, which existing or proposed project is located
within the area of operation of the Authority and which is
used or intended to be used by such business enterprise;
or
(ii) A separate office building facility and related
real and personal property for use by any business enter-
prise which will further the development of trade, com-
merce, industry, or employment opportunities in this
state;
No such office building facility as defined in this subpara-
graph shall be undertaken by the Authority unless the
Authority determines that the business enterprise to use such
facility will be the primary tenant.
(k) Striking Subparagraph 5(i) of Paragraph D which reads as
follows:
D...5(i) Among the projects which the Authority may under-
take shall be the power to use any one or more buildings or
structures for the purpose of skilled nursing home or inter-
mediate care home facilities subject to regulation and licen-
sure by the Department of Human Resources and all neces-
sary, convenient or related interests in land, machinery,
apparatus, appliances, equipment, furnishings, appurte-
nances, site preparation, landscaping and physical ameni-
ties.
in its entirety and by substituting therefor a new Subparagraph 5(i) of
Paragraph D to read as follows:
3848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
D...5(i) Among the projects which the Authority may under-
take shall be the power to finance the use of any one or more
buildings or structures for the purpose of skilled nursing
home or intermediate care home facilities subject to regula-
tion and licensure by the Department of Human Resources
and all necessary, convenient or related interests in land,
machinery, apparatus, appliances, equipment, furnishings,
appurtenances, site preparation, landscaping and physical
amenities.
(1) Striking Subparagraph 5(j) of Paragraph D which reads as
follows:
D...(5)(j) Among the projects which the Authority may under-
take shall be the cost of project which shall include: all costs
of construction, purchase or other form of acquisition; all
costs of real or personal property required for the purposes of
such project and of all facilities related thereto, including
land and any rights or undivided interest therein, easements,
franchises, water rights, fees, permits, approvals, licenses and
certificates and the securing of such franchises, permits,
approvals, licenses and certificates and the preparation of
applications therefor; all machinery, equipment, initial fuel
and other supplies required for such project; financing
charges, interest prior to and during construction and during
such additional period as the Authority may reasonably
determine to be necessary for the placing of such project in
operation; costs of engineering, architectural and legal ser-
vices; fees paid to fiscal agents for financial and other advice
or supervision; cost of plans and specifications and all
expenses necessary or incidental to the construction, pur-
chase or acquisition of the completed project or to determin-
ing the feasibility or practicability of the project; administra-
tive expenses and such other expenses as may be necessary or
incidental to the financing herein authorized. There may also
be included, as part of such cost of project, the repayment of
any loans made for the advance payment of any part of such
cost, including the interest thereon at rates to be determined
by the Authority which loans are hereby authorized if made
payable solely from the proceeds of such Authoritys bonds or
notes or revenues to be received in connection with the
leasing, sale or financing of the project. The cost of any
project may also include a fund or funds for the creation of a
GEORGIA LAWS 1983 SESSION
3849
debt service reserve, a renewal and replacement reserve, and
such other reserves as may be reasonably required by the
Authority with respect to the financing and operation of its
projects and as may be authorized by any bond resolution or
trust agreement or indenture pursuant to the provisions of
which the issuance of any such bonds may be authorized. Any
obligation or expense incurred for any of the foregoing pur-
poses shall be regarded as a part of the cost of the project and
may be paid or reimbursed as such out of the proceeds of
revenue bonds or notes issued under this Act.
in its entirety and by substituting therefor a new Subparagraph 5(j) of
Paragraph D to read as follows:
D...(5)(j) Among the projects which the Authority may under-
take shall be the power to finance the acquisition, construc-
tion, equipping, improvement, modification, or expanding of
any property, real or personal, for use as or in connection with
research and development facilities. As used in this subpara-
graph, the term research and development facilities means
any property used in whole or in substantial part in conduct-
ing basic and applied research for commercial, industrial, or
governmental institutions in connection with institutions of
higher education, which research is determined by the
Authority to contribute to the development and promotion of
trade, commerce, industry, and employment opportunities
for the public good and general welfare in furtherance of the
purposes for which the Authority was created. The Author-
itys determination as to such matters shall be final and not
subject to review.
(m) Adding new Subparagraphs 5(k), 5(1), 5(m), and 5(n) to
Paragraph D to read as follows:
5(k) Among the projects which the Authority may under-
take shall be the power to finance the acquisition, construction,
leasing or equipping of new industrial facilities or improve,
modify, acquire, expand, modernize, lease, equip, or remodel
existing industrial facilities located or to be located within the
City of Griffin or Spalding County, Georgia.
5(1) Among the projects which the authority may undertake
shall be the power to finance the acquisition, construction,
3850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
improvement, or modification of any property, real or personal,
which any industrial concern might desire to use, acquire, or lease
in connection with the operation of any plant or facility located or
to be located within the City of Griffin or Spalding County,
Georgia.
5(m) Also included in the projects which the Authority may
undertake in pursuance of its purpose shall be the power to
finance the acquisition, construction, improvement, or modifica-
tion of any property, real or personal, used as air or water pollution
control facilities which any federal, state, or local agency having
jurisdiction in the premises shall have certified as necessary for
the continued operation of the industry or industries which the
same is to serve and which is necessary for the public welfare,
provided that for the purposes of this subparagraph, the term air
pollution control facility means any property used, in whole or in
substantial part, to abate or control atmospheric pollution or
contamination by removing, altering, disposing of, or storing
atmospheric pollutants or contaminants, if such facility is in
furtherance of applicable federal, state, or local standards for
abatement or control of atmospheric pollutants or contaminants;
and provided, further, that for the purpose hereof, the term water
pollution control facility means any property used, in whole or in
substantial part, to abate or control water pollution or contamina-
tion by removing, altering, disposing, or storing pollutants, con-
taminants, wastes, or heat, including the necessary intercepting
sewers, outfall sewers, pumping, power and other equipment,
holding ponds, lagoons, and appurtenances thereto, if such facility
is in the furtherance of applicable federal, state, or local standards
for the abatement or control of water pollution or contamination;
D...5(n) Among the projects which the Authority may under-
take shall be the cost of project which shall include: all costs
of construction, purchase or other form of acquisition; all
costs of real or personal property required for the purposes of
such project and of all facilities related thereto, including
land and any rights or undivided interest therein, easements,
franchises, water rights, fees, permits, approvals, licenses and
certificates and the securing of such franchises, permits,
approvals, licenses and certificates and the preparation of
applications therefor; all machinery, equipment, initial fuel
and other supplies required for such project; financing
charges, interest prior to and during construction and during
GEORGIA LAWS 1983 SESSION
3851
such additional period as the Authority may reasonably
determine to be necessary for the placing of such project in
operation; costs of engineering, architectural and legal ser-
vices; fees paid to fiscal agents for financial and other advice
or supervision; cost of plans and specifications and all
expenses necessary or incidental to the construction, pur-
chase or acquisition of the completed project or to determin-
ing the feasibility or practicability of the project; administra-
tive expenses and such other expenses as may be necessary or
incidental to the financing herein authorized. There may also
be included, as part of such cost of project, the repayment of
any loans made for the advance payment of any part of such
cost, including the interest thereon at rates to be determined
by the Authority. The cost of any project may also include a
fund or funds for the creation of a debt service reserve, a
renewal and replacement reserve, and such other reserves as
may be reasonably required by the Authority with respect to
the financing and operation of its projects and as may be
authorized by any bond resolution or trust agreement or
indenture pursuant to the provisions of which the issuance of
any such bonds may be authorized. Any obligation or expense
incurred for any of the foregoing purposes shall be regarded as
a part of the cost of the project and may be paid or reimbursed
as such out of the proceeds of revenue bonds or notes issued
under this Amendment.
(n) Striking Subparagraph 6 of Paragraph D which reads:
D...(6) No building acquired hereunder shall be operated by the
Authority but shall be leased or sold to one or more persons, firms
or corporations. If sold, the purchase price may be paid at one time
or in installments falling due in not more than thirty (30) years
from the date of transfer of possession. The lessee or purchaser
shall be required to pay all costs of operating and maintaining the
building or buildings and to pay rentals or installments sufficient,
together with other revenues which may be pledged for the
purpose, to retire all bonds, both principal and interest, and to pay
all other expenses which the Authority may have incurred in
connection with the undertaking.
in its entirety and substituting therefor a new Subparagraph 6 of
Paragraph D to read as follows:
3852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
D...(6) No project acquired under this Amendment shall be
operated by the Authority. Such a project shall be leased or sold
to one or more persons, firms, or private corporations. If revenue
bonds or other obligations are to be issued to pay all or part of the
cost of the project, the project must be so leased or the contract for
its sale must be entered into prior to or simultaneously with the
issuance of the bonds or obligations. If sold, the purchase price
may be paid at one time or in installments falling due over not
more than 40 years from the date of transfer of possession. The
lessee, purchaser or borrower shall be required to pay all costs of
operating and maintaining the leased, purchased or financed
property and to pay rentals or installments in amounts sufficient
to pay the principal of and the interest and premium, if any, on all
of its bonds and other obligations as such principal and interest
become due. Provided, however, that the acquisition and develop-
ment of land by the Authority as the site for an industrial park as
provided in this Amendment shall not be deemed to be the
operation of a project and, notwithstanding anything herein to the
contrary, the Authority shall not be required to enter into a lease
of such a project or a contract for its sale as a condition to the
issuance of bonds or other obligations of the Authority to provide
financing therefor.
(o) Adding Subparagraphs 11 - 18 to Paragraph D to read as
follows:
D...(ll) To extend credit or make loans to any person, firm,
corporation, or other industrial entity for the planning, design,
construction, acquisition, or carrying out of any project, which
credit or loans shall be secured by loan agreements, mortgages,
security agreements, contracts, and all other instruments, fees, or
charges, upon such terms and conditions as the Authority shall
determine reasonable in connection with such loans, including
provision for the establishment and maintenance of reserves and
insurance funds; and, in the exercise of powers granted by this
Amendment in connection with a project for such person, firm,
corporation, or other industrial entity, to require the inclusion in
any contract, loan agreement, security agreement, or other instru-
ment, of such provisions for guaranty, insurance, construction,
use, operation, maintenance, and financing of a project as the
Authority may deem necessary or desirable;
GEORGIA LAWS 1983 SESSION
3853
(12) To acquire, by purchase, gift, or construction, any real or
personal property desired to be acquired as part of any project or
for the purpose of improving, extending, adding to, reconstruct-
ing, renovating, or remodeling any project or part thereof already
acquired or for the purpose of demolition to make room for such
project or any part thereof;
(13) To mortgage, convey, pledge, or assign any properties,
revenues, income, tolls, charges, or fees owned or received by the
Authority;
(14) To acquire, accept, or retain equitable interests, security
interest, or other interest in any property, real or personal, by
mortgage, assignment, security agreement, pledge, conveyance,
contract, lien, loan agreement, or other consensual transfer, in
order to secure the repayment of any moneys loaned or credit
extended by the Authority;
(15) To construct, acquire, own, repair, remodel, maintain,
extend, improve, and equip projects located on land owned or
leased by the Authority or land owned or leased by others and to
pay all or part of the cost of any such project from the proceeds of
revenue bonds of the Authority or from any contribution or loans
by persons, firms, or corporations or any other contribution, all of
which the Authority is authorized to receive, accept, and use;
(16) As security for repayment of Authority obligations, to
pledge, mortgage, convey, assign, hypothecate, or otherwise
encumber any property, real or personal, of such Authority and to
execute any trust agreement, indenture, or security agreement
containing any provisions not in conflict with law, which trust
agreement, indenture, or security agreement may provide for
foreclosure or forced sale of any property of the Authority upon
default, on such obligations, either in payment of principal or
interest or in the performance of any term or condition, as are
contained in such agreement or indenture. The State of Georgia,
on behalf of itself and each county, municipal corporation, politi-
cal subdivision, or taxing district therein, waives any right which it
or such county, municipal corporation, political subdivision, or
taxing district may have to prevent the forced sale or foreclosure
of any property of the Authority so mortgaged or encumbered, and
any such mortgage or encumbrance may be foreclosed in accord-
ance with law and the terms thereof;
3854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(17) To contract with any county or municipal corporation in
the state; and any county or municipal corporation in the state is
empowered to contract with the Authority to furnish air trans-
portation services where such service is not otherwise in existence.
(18) To sell, lease, exchange, transfer, assign, pledge, mort-
gage, dispose of, or grant options for any real or personal property
or interest therein for any such purposes.
(p) Striking Paragraph E which reads:
E. The Authority shall not be authorized to create in any
manner any debt, liability or obligation against the State of Georgia
or Spalding County or City of Griffin.
in its entirety and substituting therefor a new Paragraph E to read as
follows:
E. No bonds or other obligations of and no indebtedness incur-
red by the Authority shall constitute an indebtedness or obligation of
the State of Georgia or of 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 this
state or of any such county, municipal corporation, or political
subdivision. All such bonds and obligations shall be payable solely
from the revenues therein pledged to such payment, including
pledged rentals, sales proceeds, insurance proceeds, and condemna-
tion awards; and no holder or holders of any such bonds or obligations
shall ever have the right to compel any exercise of the taxing power of
this state or of any county, municipal corporation, or political subdi-
vision thereof, nor to enforce the payment thereof against any prop-
erty of the state or of any such county, municipal corporation, or
political subdivision.
(q) Striking Paragraph F which reads:
F. The members of the Authority shall receive no compensa-
tion for their services to the Authority;
in its entirety and substituting therefor a new Paragraph F to read as
follows:
GEORGIA LAWS 1983 SESSION
3855
F. The members of the Authority shall receive no compensa-
tion for their services to the Authority, but shall be reimbursed for
their actual expenses incurred in the performance of their duties.
(r) Striking Paragraph G which reads as follows:
G. In order to finance any undertaking within the scope of its
power or to refund any bonds then outstanding, the Authority is
hereby authorized to issue bonds bearing rate or rates of interest and
maturing at the years and amounts determined by the Authority and
the procedure of validation, issuance and delivery shall be in all
respects in accordance with the Revenue Bond Law (Ga. L. 1937, p.
761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said
obligations had been originally authorized to be issued thereunder;
provided, however, that any property, real or personal, of the Author-
ity may be pledged, mortgaged, conveyed, assigned, hypothecated or
otherwise encumbered as security for any lawful debt of the Author-
ity. The Authority may execute any trust agreement or indenture not
in conflict with the provisions of this amendment to provide for
foreclosure or forced sale of any property of the Authority upon
default on such bonds either in payment of principal or interest or
under any term or condition under which such bonds are issued.
Nothing herein contained shall be construed to create a right to
compel any exercise of the taxing power of Spalding County or the
City of Griffin, to pay any such bonds or the interest thereon nor to
enforce payment thereof against any property of Spalding County or
the City of Griffin.
in its entirety and by substituting therefor a new Paragraph G to read
as follows:
G. (1) The obligations of the Authority evidenced by bonds,
bond anticipation notes, trust indentures, deeds to secure obliga-
tions, security agreements, or mortgages executed in connection
therewith may contain such provisions not inconsistent with law
as shall be determined by the board of directors of the Authority.
The Authority, in such instruments, may provide for the pledging
of all or any part of its revenues, income, or charges and for the
mortgaging, encumbering, or conveying of all or any part of its real
or personal property; may covenant against pledging any or all of
its revenues, income, or charges; and may further provide for the
disposition of proceeds realized from the sale of any bonds and
bond anticipation notes, for the replacement of lost, destroyed,
3856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
stolen, or mutilated bonds and bond anticipation notes, and for
the payment and redemption of such bonds and bond anticipation
notes. Undertakings of the Authority may prescribe the procedure
by which bondholders and noteholders may enforce rights against
the Authority and may provide for rights upon breach of any
covenant, condition, or obligation of the Authority; and bonds,
resolutions, trust indentures, mortgages, or deeds to secure obliga-
tions executed by the Authority and bond anticipation notes
executed by the Authority may contain such provisions not other-
wise contrary to law as the Authority shall deem necessary or
desirable.
(2) The proceeds derived from the sale of all bonds and
bond anticipation notes issued by the Authority shall be held and
used for the ultimate purpose of paying, directly or indirectly as
permitted in this Amendment, all or part of the cost of any project,
including the cost of extending, financing, adding to, or improving
the project, for the purpose of refunding any bond anticipation
notes issued in accordance with this Amendment or refunding any
previously issued bonds of the Authority.
(3) All bonds and bond anticipation notes issued by the
Authority shall be revenue obligations of the Authority and may
be made payable out of any revenues or other receipts, funds, or
moneys of the Authority, subject only to any agreements with the
holders of other bonds or bond anticipation notes or to particular
security agreements pledging any particular revenues, receipts,
funds, or moneys.
(4) Issuance by the Authority of one or more series of bonds
or bond anticipation notes for one or more purposes shall not
preclude it from issuing other bonds or notes in connection with
the same project or with any other projects; but the proceeding
wherein any subsequent bonds or bond anticipation notes are
issued shall recognize and protect any prior pledge or mortgage
made in any prior security agreement or made for any prior issue
of bonds or bond anticipation notes, unless in the resolution
authorizing such prior issue the right is expressly reserved to the
Authority to issue subsequent bonds or bond anticipation notes on
a parity with such prior issue.
(5) The Authority shall have the power and is authorized,
whenever revenue bonds of the Authority have been validated as
GEORGIA LAWS 1983 SESSION
3857
provided in this Amendment, to issue, from time to time, its notes
in anticipation of the issuance of such bonds as validated and to
renew, from time to time, any such notes by the issuance of new
notes, whether the notes to be renewed have or have not matured.
The Authority may issue notes only to provide funds which would
otherwise be provided by the issuance of the bonds as validated.
The notes may be authorized, sold, executed, and delivered in the
same manner as bonds. As with its bonds, the Authority may sell
such notes at public or private sale. Any resolution or resolutions
authorizing notes of the Authority or any issue thereof may
contain any provisions which the Authority is authorized to
include in any resolution or resolutions authorizing bonds of the
Authority or any issue thereof; and the Authority may include in
any notes any terms, covenants, or conditions which it is autho-
rized to include in any bonds. Validation of such bonds shall be a
condition precedent to the issuance of the notes, but it shall not be
required that such notes be judicially validated. Bond anticipa-
tion notes shall not be issued in an amount exceeding the par value
of the bonds in anticipation of which they are to be issued.
(6) The interest rate on or rates to be borne by any bonds,
notes, or other obligations issued by the Authority shall be fixed
by the Authority. The Authority shall have the power to delegate
the power to set the interest rate, within stated parameters, to any
person, firm or institution chosen by the Authority. Any limita-
tions with respect to interest rates found in Article 3 of Chapter 82
of Title 36 of the Official Code of Georgia Annotated shall not
apply to obligations issued under this Amendment.
(7) All revenue bonds issued by the Authority under this
Amendment shall be issued and validated under and in accord-
ance with Article 3 of Chapter 82 of Title 36 of the Official Code of
Georgia Annotated, except as provided in subsection G(6) of this
Amendment and except as specifically set forth below:
(i) Revenue bonds issued by the Authority maybe in
such form, either coupon or fully registered, or both coupon
and fully registered, and may be subject to such exchange-
ability and transferability provisions as the bond resolution
authorizing the issuance of such bonds or any indenture or
trust agreement may provide;
3858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(ii) Revenue bonds shall bear a certificate of validation.
The signature of the clerk of the superior court of Spalding
County may be made on the certificate of validation of such
bonds by facsimile or by manual execution, stating the date
on which such bonds were validated; and such entry shall be
original evidence of the fact of judgment and shall be received
as original evidence in any court in this state;
(iii) The notice to the district attorney or the Attorney
General and the notice to the public of the time, place, and
date of the validation hearing need not state the rate of
interest the bonds will bear;
(iv) The term cost of project shall have the meaning
prescribed in Paragraph D, subparagraph 5(k) of this Amend-
ment whenever referred to in bond resolutions of this Author-
ity, bonds and bond anticipation notes issued by the Author-
ity or notices and proceedings to validate such bonds.
(s) Striking Paragraph H which reads as follows:
H. The Authority may authorize additional bonds, for exten-
sions and permanent improvements to any industrial building
acquired hereunder, to be placed in escrow and to be negotiated from
time to time as proceeds for that purpose may become necessary.
Bonds so placed in escrow shall, when sold and delivered, have such
standing with the bonds of the same issue as may be provided in the
authorizing proceedings.
in its entirety and by substituting therefor a new Paragraph H to read
as follows:
H. The purposes of this Amendment are to develop and pro-
mote trade, commerce, industry, and employment opportunities, for
the public good and the general welfare, and to promote the general
welfare of the state and to reduce unemployment to the greatest
extent possible within Spalding County and the City of Griffin. No
bonds or bond anticipation notes, except refunding bonds, shall be
issued by the Authority under this Amendment unless the Authority
adopts a resolution finding that the project for which such bonds or
notes are to be issued will promote the foregoing objectives. Notwith-
standing the foregoing requirement:
GEORGIA LAWS 1983 SESSION
3859
(1) Bonds or bond anticipation notes may be issued to
finance projects for air and water pollution control facilities and
for sewage and solid waste disposal facilities, as provided in this
Amendment, without a finding that the project will increase or
maintain employment, so long as the appropriate certification
described in this Amendment has been secured from the federal,
state, or local agency having jurisdiction in the premises; and
(2) Bonds or bond anticipation notes may also be issued by
the Authority to finance the acquisition or development of land as
the site for an industrial park as provided in this Amendment
without a finding that the project will increase or maintain
employment if the Authority shall adopt a resolution finding that
the tract of land to be included in the project is not intended for
use by a single enterprise; will be suitable primarily for use as
building sites for a group of enterprises engaged in industrial,
distribution, or wholesale businesses; and that either:
(a) The control and administration of the tract is to be
vested in the Authority or in another county or municipal or
joint county and municipal development authority (or in a
corporation organized under the Georgia Nonprofit Corpora-
tion Code) having as one of its purposes the development of
trade, commerce, industry, and employment opportunities; or
(b) The uses of such tract of land are to be regulated by
protective restrictions to be approved by the Authority and
determined by the Authority to be appropriate to encourage
and facilitate use thereof by business enterprises engaged in
industrial, distribution, or wholesale businesses.
(t) Striking Paragraph I which reads as follows:
I. No bonds except refunding bonds shall be issued hereunder
unless the Authority shall have found and declared that:
(1) The undertaking for which the bonds are to be issued
will increase employment in Spalding County and in the City of
Griffin.
(2) The lessee or purchaser of the building or buildings
involved will not by virtue of establishing operations in said
county or in said city, reduce the number of employees employed
by said lessee or purchaser elsewhere in the State of Georgia.
3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in its entirety and by substituting therefor a new Paragraph I to read
as follows:
I. The Authority may make by-laws and regulations for its
governance and may delegate to one or more of its officers, agents,
and employees such powers and duties as may be deemed necessary
and proper. The Authority shall have perpetual existence.
(u) Striking Paragraph J which reads as follows:
J. Except as may be agreed upon from time to time by the
Authority and the respective governing Boards of Commissioners of
the City of Griffin and County of Spalding, no moneys derived by the
Authority from any source other than gifts and contributions from
private individuals, firms or corporations shall at any time be used for
entertainment, or other promotional expenses.
in its entirety and by substituting therefor a new Paragraph J to read
as follows:
J. This Amendment shall be liberally construed to effect the
purposes hereof, and insofar as this Amendment may be inconsistent
with the provisions of any other law, including the charter of any
municipal corporation, this Amendment shall be controlling. The
sale or issuance of bonds by the Authority shall not be subject to
regulation under Chapter 5 of Title 10, the Georgia Securities Law,
or any other law. No proceeding or publication not required in this
Amendment shall be necessary to the performance of any act autho-
rized in this Amendment, nor shall any such act be subject to
referendum.
(v) Striking Paragraph K which reads as follows:
K. Should said Authority for any reason be dissolved, title to all
property of every kind and nature, real and personal, held by the
Authority at the time of such dissolution shall revert to the City of
Griffin, subject to any mortgages, liens, leases, or other encumbrances
outstanding against or in respect to said property at that time.
in its entirety and by striking Paragraph L which reads as follows:
L. This amendment is adopted for the purpose of promoting
and expanding for the public good and welfare industry and trade
GEORGIA LAWS 1983 SESSION
3861
within Spalding County and the City of Griffin and reducing unem-
ployment to the greatest extent possible, and this amendment and
any law enacted with reference to the Authority shall be liberally
construed for the accomplishment of these purposes.
in its entirety and by renumbering Sections M and N as Sections K
and L respectively.
Section 2. Any project commenced prior to the effective date of
this Act may be completed by the Authority hereunder, and Author-
ity members appointed pursuant to this Act shall have full power and
authority to take all actions necessary or appropriate to complete all
previously commenced projects according to their terms according to
the constitutional Amendment creating the Griffin-Spalding County
Development Authority as originally ratified or as now amended;
nevertheless, all projects commenced after the effective date of this
Act shall be in accordance with the constitutional Amendment creat-
ing the Griffin-Spalding County Development Authority as now
amended.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, an Act further to
define, prescribe and enlarge the powers and duties of the Griffin
Spalding County Development Authority, said Authority having been
created pursuant to an Amendment to the Constitution of Georgia of
1945, (Ga. Laws 1962, p. 945), which Amendment was ratified at the
general election held on November 6,1962, and continued in effect in
the Constitution of Georgia of 1983 by virtue of Article XI, Section I,
Paragraph IV thereof and having been previously amended by Act
No. 1134, Ga. Laws 1978, p. 4151 and Act No. 731, Ga. Laws 1981, p.
4875; said amendment will further expand the powers and duties of
the Authority in conformity with the recent changes in Title 36
Chapter 62 of the Official Code of Georgia Annotated.
_
3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 25th day of January, 1983.
Carl Cartledge, Chairman
Griffin Spalding County
Development Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kyle Cobb, who, on oath, deposes and
says that he is Senator from the 28th District, and that the attached
copy of Notice of Intention to Introduce Local Legislation was pub-
lished in the Griffin Daily News which is the official organ of Spalding
County, on the following dates: January 27, February 3,10,1983.
/s/ Kyle Cobb
Senator,
28th District
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3863
RICHMOND COUNTY H OFFICE OF COUNTY
TREASURER ABOLISHED, ETC.
No. 99 (House Bill No. 279).
AN ACT
To abolish the office of County Treasurer in Richmond County; to
provide for the creation of the office of County Treasurer Emeritus in
Richmond County; to provide for the duties and responsibilities of
the county treasurer emeritus; to provide for the compensation of the
county treasurer emeritus and his spouse; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The office of County Treasurer in Richmond County
is abolished.
Section 2. The County Treasurer in Richmond County who shall
be serving in the capacity of county treasurer at the time such office is
abolished and who shall have at least ten years of service as County
Treasurer in Richmond County and shall have attained the age of 65
shall be eligible to be county treasurer emeritus by presenting his
evidence of his eligibility to the governing authority of Richmond
County. At that time he shall be county treasurer emeritus.
Section 3. The county treasurer emeritus shall not hold any
compensating position with any state, county, or city, or agencies of
any, except upon taking leave of absence as such county treasurer
emeritus, and forever waiving and relinquishing compensation during
and for such leave of absence.
Section 4. The county treasurer emeritus shall be qualified to
serve as a consultant to the governing authority of Richmond County
on financing matters when called upon by the governing authority of
Richmond County.
Section 5. The county treasurer emeritus shall be entitled to
receive, and shall receive, $500.00 per month, to be paid monthly out
of the treasury of the county, by the person or persons charged by law
3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with paying out the money of the county. Upon the death of the
county treasurer emeritus, if he is survived by his wife, she shall be
entitled to receive and shall receive $250.00 per month as long as she
lives.
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 Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a Bill to abolish the
office of County Treasurer of Richmond County; to provide for the
County Treasurer Emeritus; to provide the power, duties and respon-
sibilities of such County Treasurer Emeritus; to provide for the
pension of such County Treasurer Emeritus; to provide pension
benefits for the surviving spouse of the County Treasurer Emeritus;
to repeal conflicting laws; and for other purposes.
This 13th day of December, 1982.
Robert C. Daniel, Jr.
County Attorney
Georgia, Richmond County.
Personally appeared before me, a Notary Public, the undersigned,
Paul S. Simon, who, on oath, says that he is the President of
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the county of Richmond, who certifies that the legal
notice of intention to apply for local legislation was duly published
GEORGIA LAWS 1983 SESSION
3865
once a week for three weeks, as required by law, said dates of
publication being December 20,27,1982, and January 3,1983.
/s/ Paul S. Simon, President
Southeastern Newspapers
Corporation, Publisher of
The Augusta Herald,
Richmond County, Georgia
Sworn to and subscribed before me,
this 5th day of January, 1983.
/s/ JoAnn M. Lundquist
Notary Public, Georgia State at Large.
My Commission Expires June 23, 1986.
(Seal).
Approved March 14, 1983.
TOWN OF POOLER ALDERMANIC BOARD
COMPOSITION, ETC.
No. 100 (House Bill No. 344).
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, so as to
increase the membership of the Aldermanic Board; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act creating a new Charter for the Town of Pooler,
approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, is
amended by striking Section 2.10 in its entirety and inserting in lieu
thereof a new Section 2.10 to read as follows:
Section 2.10. Creation; Composition; Number; Election. The
legislative authority of the government of Pooler, except as otherwise
specifically provided in this Charter, shall be vested in a Town
Aldermanic Board to be composed of a Mayor and six Aldermen. The
Mayor and Aldermen shall be elected in the manner provided by
Article V of this Charter.
Section 2. Said Act is further amended by striking Section 5.12
in its entirety and inserting in lieu thereof a new Section 5.12 to read
as follows:
Section 5.12. Regular Elections: Time for Holding, (a) The
Mayor, Recorder, and five Aldermen elected on the third Thursday in
January, 1983, shall continue to serve out their terms of office. The
Mayor and five Aldermen shall elect a sixth Alderman prior to April
30,1983, and the person holding such new office shall serve for a term
of office which expires at the same time that the other Aldermens
terms of office expire in 1985.
(b) A Mayor, Recorder, and six Aldermen shall be elected on the
third Thursday in January, 1985, and on said date biennially there-
after. The hours of voting at such election shall be between seven
oclock in the morning and six oclock in the afternoon, eastern
standard time. Their terms of office shall begin at the day and hour of
taking the oath of office as provided in Section 2.20 of this Charter.
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 is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia, a Bill to Amend an
Act creating the Charter for Pooler, Chatham County, Georgia,
approved March 31, 1976, (Ga. Laws 1976, Act. No. 1181), as
amended, so as to change the composition and number of Members on
GEORGIA LAWS 1983 SESSION
3867
the Town Aldermanic Board; to repeal conflicting laws; and for other
purposes.
Edward H. Lee
Town Attorney
Georgia, Chatham County.
Personally appeared before me the undersigned authority, duly
authorized to administer oaths, Thomas 0. Triplett, who, on oath,
deposes and says that he is Representative from the 128th District
and that the attached copy of Notice of Intent to Introduce Legisla-
tion was published in the Georgia Gazette, which is the official organ
of Chatham County, on the following dates: January 5, 12 and 19,
1983.
/s/ Thomas 0. Triplett
Representative,
128th District
Sworn to and subscribed before me,
this 24th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GARDEN CITY CORPORATE LIMITS EXTENDED.
No. 101 (House Bill No. 345).
AN ACT
To amend an Act establishing a new charter for the municipality
of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as
amended, so as to extend the present corporate limits of said munici-
pality; 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 municipality
of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as
amended, is amended by adding at the end of Section 1.11 a new
subsection, to be designated subsection (f), to read as follows:
(f) In addition to the present corporate limits of Garden City,
Georgia, as they exist at the time of the approval of this subsection,
the corporate limits of Garden City shall also include the following
described tract of land:
All that certain tract of land situate, lying and being in the 8th
G.M. district of Chatham County, Georgia, described as follows:
Beginning at the point of the intersection of the southerly right of
way line of the Pipemakers Canal and the easterly right of way line
of Georgia State Highway No. 21 which point is the point of
beginning; running thence from said point of beginning north
along the easterly right of way line of Georgia State Highway No.
21 for a distance of 2,160 feet, more or less, to a point where the
easterly right of way line of Georgia State Highway No. 21
intersects the southerly right of way line of Bourne Avenue (State
Route No. 307); running thence along the southerly right of way
line of Bourne Avenue (State Route No. 307) across Georgia State
Highway No. 21 to the intersection of the westerly right of way line
of Georgia State Highway No. 21 and the southerly right of way
line of Bourne Avenue (State Route No. 307), and westerly along
the southerly right of way line of Bourne Avenue (State Route No.
307), all for a distance of 2,455 feet, more or less, to the easterly
railroad right of way boundary for the Seaboard Coastline Rail-
GEORGIA LAWS 1983 SESSION
3869
road Companys single main track; running thence southeast-
wardly along the easterly railroad right of way boundary of the
Seaboard Coastline Railroad Companys single main track a
distance of 2,742 feet, more or less, to a point where the easterly
right of way boundary for the Seaboard Coastlines single main
track intersects the southerly right of way line of the Pipemakers
Canal; running thence easterly along the southerly right of way
line of the Pipemakers Canal to a point where the southerly right
of way line of the Pipemakers Canal intersects the easterly right of
way line of Georgia Highway No. 21, being the point of beginning;
said tract of land being shown upon a plat made by Hussey, Gay
and Bell, Consulting Engineers, dated November 11, 1982, and
recorded in the Office of the Clerk of the Superior Court of
Chatham County, Georgia, in Plat Record Book 4-P, Folio 106,
and entitled Plan Showing Area to be Annexed by Garden City,
Georgia, and to which reference is specifically made for a more
particular description of the property described herein and which
by reference is made a part hereof.
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 of intention to apply for legislation at the
1983 Session of the General Assembly to amend the charter of Garden
City, Georgia, to extend and change the corporate limits of the City
and for other purposes.
Charles L. Spartman
Attorney for
Garden City, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Triplett, who, on oath, deposes
and says that he is Representative from the 128th District, and that
3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Savannah Evening Press which is the
official organ of Chatham County, on the following dates: December
16,23,30,1982.
/s/ Tom Triplett
Representative,
128th District
Sworn to and subscribed before me,
this 27th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
RICHMOND COUNTY LIMITATION ON LOCAL
TAXING JURISDICTIONS CONTINUED.
No. 102 (House Bill No. 387).
AN ACT
To provide for authority; to continue in force and effect as part of
the Constitution ratified at the general election in 1982 that Constitu-
tional Amendment Number 113 (Res. Act 211, H.R. 516-1355, Ga. L.
1980, p. 2177), duly ratified at the 1980 general election and pro-
claimed by the Governor to be a part of the Constitution of 1976,
which amendment limits the power of local taxing jurisdictions in
Richmond County to levy and collect ad valorem taxes; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
3871
Be it enacted by the General Assembly of Georgia:
Section 1. This Act is passed pursuant to Article XI, Section I,
Paragraph IV of the Constitution, authorizing the continuation of
certain amendments to the Constitution.
Section 2. Constitutional Amendment Number 113 (Res. Act
211, H.R. 516-1355, Ga. L. 1980, p. 2177), duly ratified at the 1980
general election and proclaimed by the Governor to be a part of the
Constitution of 1976, which amendment limits the power of local
taxing jurisdictions in Richmond County to levy and collect ad
valorem taxes, shall not be repealed or deleted upon July 1,1987, as
part of the Constitution ratified at the general election in 1982 but is
specifically continued in force and effect on and after that date as
part of that Constitution.
Section 3. This Act shall become effective July 1,1983.
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
1983 Session of the General Assembly of Georgia an Act to maintain
the provisions of a local constitutional amendment applying to
Richmond County, Georgia, as found in Georgia Laws 1980, p. 2177,
limiting the power of local taxing jurisdictions in Richmond County
to levy and collect ad valorem taxes; to provide an effective date; and
for other purposes.
This 11th day of January, 1983.
Jack Connell
Representative,
87th District
3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Richmond County.
Personally appeared before me, a Notary Public, the undersigned,
Paul S. Simon, who, on oath, says that he is the President of
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the County of Richmond, who certifies that the legal
notice of intention to apply for local legislation was duly published
once a week for three weeks, as required by law, said dates of
publication being January 14,21 and 28,1983.
/s/ Paul S. Simon, President
Southeastern Newspapers
Corporation, Publisher of
The Augusta Herald,
Richmond County, Georgia.
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ E. Arlyene Armstrong
Notary Public, Richmond County, Georgia.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3873
CLAYTON COUNTY STATE COURT SOLICITOR
COMPENSATION, ETC.
No. 103 (House Bill No. 496).
AN ACT
To amend an Act creating the State Court of Clayton County,
approved January 28,1964 (Ga. L. 1964, p. 2032), as amended, so as to
increase the salary of the solicitor of said court; to provide that the
solicitor shall not engage in the private practice of law or hold any
other public office while serving as 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, is
amended by striking Section 6 in its entirety and substituting in lieu
thereof a new Section 6 to read as follows:
Section 6. Salary of solicitor. The salary of the solicitor of said
court shall be $32,000.00 per annum payable in equal monthly
installments by the board of commissioners out of the general funds
of Clayton County. The solicitor of said court shall receive no other
compensation for serving as solicitor of said court and he shall not
engage in the private practice of law in any capacity during his tenure
as solicitor of said court and he shall not be eligible to hold any other
public office while serving as solicitor of said court.
Section 2. This Act shall become effective on January 1,1985.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
3874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
creating the State Court of Clayton County, approved January 28,
1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes.
This 6th day of January, 1983.
Honorable Jimmy Benefield
Chairman, Clayton County
Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy W. Benefield, who, on oath,
deposes and says that he is Representative from the 72nd 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 11,
18,25,1983.
/s/ Jimmy W. Benefield
Representative,
72nd District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3875
CITY OF REYNOLDS m CHARTER AMENDMENTS.
No. 104 (House Bill No. 499).
AN ACT
To amend an Act creating a new charter for the City of Reynolds,
approved August 16,1915 (Ga. L. 1915, p. 786), as amended, particu-
larly by an Act approved April 11,1979 (Ga. L. 1979, p. 3645), so as to
change the provisions relating to bids for contracts for labor or
materials to be furnished to the city; to change the provisions relating
to the judge of the municipal court of the City of Reynolds; 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
Reynolds, approved August 16, 1915 (Ga. L. 1915, p. 786), as
amended, particularly by an Act approved April 11, 1979 (Ga. L.
1979, p. 3645), is amended by striking Section 40, which reads as
follows:
Section 40. Be it further enacted, That all bids for contracts for
labor or materials to be furnished said city, or for labor or materials to
be furnished said city, or for work to be done in the interest of said
city, which shall exceed the sum of five hundred dollars ($500.00) in
amount, shall be advertised by the city department in which said
work, labor or materials properly belong, in a newspaper published in
the county of Taylor once a week for not less than two weeks, and said
contract shall be awarded to the lowest and best bidder (unless all
bids are rejected) after having been first approved by a majority vote
of the city council. Contracts involving five hundred dollars ($500.00)
or less, shall be made by the mayor and aldermen. This section shall
not abridge the power of the city to do all necessary work, by its own
employees whenever, in the judgment of the city council, the same can
be done more effectively or economically.,
in its entirety and inserting in lieu thereof a new Section 40 to read as
follows:
Section 40. All bids for contracts for labor or materials to be
furnished to the city, or for labor or materials to be furnished to the
3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city, or for work to be done in the interest of the city, which shall
exceed the sum of $1,500.00 in amount, but which are not more than
$2,500.00 in amount, shall be submitted for competitive bids to more
than one bidder and said contract shall be awarded to the lowest and
best bidder (unless all bids are rejected) after having been first
approved by a majority vote of the city council. Contracts which shall
exceed the sum of $2,500.00 in amount shall be advertised by the city
department in which the work, labor, or materials properly belong, in
a newspaper published in Taylor County once a week for not less than
two weeks, and said contract shall be awarded to the lowest and best
bidder (unless all bids are rejected) after having been first approved
by a majority vote of the city council. Contracts involving $1,500.00
or less shall be made by the mayor and councilmen. This section shall
not abridge the power of the city to do all necessary work by its own
employees whenever, in the judgment of the city council, the same can
be done more effectively or economically.
Section 2. Said Act is further amended by striking subsection
(b) of Section 41, which reads as follows:
(b) Judge. No person shall be qualified or eligible to serve as
judge unless he shall have attained the age of twenty-one years and
shall be a member of the State Bar of Georgia. The judge shall be
appointed by the mayor and council and shall serve at the discretion
of the mayor and council. Compensation of the judge shall be fixed by
the mayor and council.,
in its entirety and inserting in lieu thereof a new subsection (b) to
read as follows:
(b) Judge. No person shall be qualified or eligible to serve as
judge unless he shall have attained the age of 21 years and either shall
be a member of the State Bar of Georgia or shall be mayor or a
member of council. The judge shall be appointed by the mayor and
council and shall serve at the discretion of the mayor and council.
Compensation of the judge shall be fixed by the mayor and council.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
3877
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia a Bill to amend the
Act creating a new Charter for the City of Reynolds, approved August
16,1915 (Ga. L. 1915, p. 786), as amended.
This 11th day of January, 1983.
Ward Edwards
Representative,
112th 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 is Representative from the 112th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Taylor County News which is the official
organ of Taylor County, on the following dates: January 13, 20, 27,
1983.
/s/ Ward Edwards
Representative,
112th District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BALDWIN COUNTY BOARD OF EDUCATION
MEMBERS COMPENSATION.
No. 105 (House Bill No. 575).
AN ACT
To amend an Act providing for the election of members of the
board of education of Baldwin County, approved April 3,1972 (Ga. L.
1972, p. 3325), so as to delete certain provisions regarding compensa-
tion and expenses 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 providing for the election of members of the
board of education of Baldwin County, approved April 3,1972 (Ga. L.
1972, p. 3325), is amended by striking in its entirety Section 5 thereof,
which reads as follows:
Section 5. The members of the Board of Education shall be
compensated in the amount of $20.00 for each meeting actually
attended, plus actual and necessary expenses incurred in carrying out
their official duties.
Section 2. This Act shall become effective July 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
GEORGIA LAWS 1983 SESSION
3879
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
providing for the election of members of the Board of Education of
Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325); and
for other purposes.
This 19th day of January, 1983.
Bobby E. Parham
Representative,
105th District
Culver Kidd
Senator,
25th District
Affidavit of Publication.
Georgia, Baldwin County.
I, Roger W. Coover, do solemnly swear that I am the Publisher of
The Union-Recorder, printed and published at Milledgeville in the
State of Georgia, and that from my personal knowledge and reference
to files of said publication the legal advertisement of: Intention to
Introduce Local Legislation RE: Election of members of the Board of
Education was inserted in space of legal advertisement as follows:
January 21,28; February 4,1983.
/s/ Roger W. Coover
Publisher
3880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Subscribed and sworn before me,
this 8th day of February, 1983.
/s/ Nancy D. Veal
Notary Public.
My Commission Expires 8-19-86.
(Seal).
Approved March 14, 1983.
GLYNN COUNTY BOARD OF COMMISSIONERS
ELECTION DISTRICTS.
No. 106 (House Bill No. 655).
AN ACT
To amend an Act creating a board of commissioners of Glynn
County, Georgia, approved February 11,1973 (Ga. L. 1937, p. 1336),
as amended, particularly by an Act approved April 12,1982 (Ga. L.
1982, p. 4570), so as to change the composition of the election districts
from which the members of the board of commissioners are elected; 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 April 12, 1982 (Ga. L.
1982, p. 4570), is amended by striking subsection (a) of Section 1 and
inserting in lieu thereof a new subsection (a) of Section 1 to read as
follows:
(a) There is created the board of commissioners of Glynn
County to be composed of seven members to be elected as hereinafter
GEORGIA LAWS 1983 SESSION
3881
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 9904
Block 311
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 536 and 538
District No. 3.
Glynn
Tract 9902
Blocks 109 and 110
Tract 9903
Blocks 101 through 125 and 130
through 134
That part of Block 136 outside the
City of Brunswick
Block 137
That part of Block 138 outside the
City of Brunswick
Block 139
Those parts of Blocks 140 and 141
outside the City of Brunswick
Blocks 142 through 144
3882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That part of Block 145 outside the
City of Brunswick
Blocks 147 through 152
Those parts of Blocks 153 and 154
outside the City of Brunswick
Blocks 155 and 161
Tract 9904
Block Groups 1 and 2
Blocks 301 through 310 and 312
through 320
Block Group 4
Tract 9905
Block 101
Those parts of Blocks 102 and 104
outside the City of Brunswick
District No. 4
Glynn
Tract 9903
Blocks 126 through 129 and 135
Those parts of Blocks 136, 140, 141,
145, 153, and 154 outside the City
of Brunswick
Block Groups 2 and 3
Blocks 401 through 406
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, 201 through 207,
301 through 350, and 356
Block Groups 4 through 7
Blocks 801 through 814 and 830
through 841
Tract 9906
Blocks 106 through 115, 126 through 134,
and 406 through 410
District No. 5
GEORGIA LAWS 1983 SESSION
3883
Glynn
Tract 9902
Block 112
Tract 9903
Blocks 407 through 441
Tract 9905
Blocks 815 through 829 and 842
through 846
Tract 9906
Blocks 101 through 105, 116 through
125, and 135 through 147
Block Groups 2 and 3
Blocks 401 through 405 and 411
through 450
Block Group 5
Tracts 9907 and 9907.99
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating a board of commissioners of Glynn County, approved Febru-
ary 11,1937 (Ga. L. 1937, p. 1136), as amended, so as to change certain
provisions relative to the composition and method of election of
members of the board of commissioners; and for other purposes.
This 27th day of January, 1983.
Dean G. Auten
Representative,
156th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Dean G. Auten, who, on oath, deposes
3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he is Representative from the 156th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Brunswick News which is the official organ
of Glynn County, on the following dates: January 29, February 5,12,
1983.
/s/ Dean G. Auten
Representative,
156th District
Sworn to and subscribed before me,
this 11th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
WALKER COUNTY TAX COMMISSIONER
COMPENSATION OF OFFICE PERSONNEL.
No. 108 (House Bill No. 678).
AN ACT
To amend an Act creating the office of tax commissioner of
Walker County, approved January 27,1964 (Ga. L. 1964, p. 2018), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3721), so as to change the compensation of the personnel of the tax
commissioners office; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
3885
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of
Walker County, approved January 27,1964 (Ga. L. 1964, p. 2018), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3721), is amended by striking subsection (a) of Section 5, which
reads as follows:
(a) The Tax Commissioner shall have authority to appoint his
deputies, clerks, assistants and other personnel. Said Tax Commis-
sioner shall have the authority to set the salary of his deputies, clerks,
assistants and other personnel. The combined salaries of said depu-
ties, clerks, assistants or other personnel appointed by said official
shall not exceed the total sum of $50,000.00 per year. Each deputy,
clerk, assistant or other personnel shall be paid monthly. Said
salaries shall be paid from the special fund created by Section 2A of
this Act. If said special fund has insufficient funds with which to pay
all of said salaries, the special fund shall first be extinguished for said
purposes and the remainder of said salaries shall be paid from the
general funds of the county.,
and inserting in its place a new subsection to read as follows:
(a) (1) The tax commissioner shall have authority to appoint
his deputies, clerks, assistants, and other personnel. Said tax
commissioner shall have the authority to set the salary of his
deputies, clerks, assistants, and other personnel. The combined
salaries of said deputies, clerks, assistants, or other personnel
appointed by said official shall not exceed the total sum of
$50,000.00 per year. Each deputy, clerk, assistant, or other
personnel shall be paid monthly. Said salaries shall be paid from
the special fund created by Section 2A of this Act. If said special
fund has insufficient funds with which to pay all of said salaries,
the special fund shall first be extinguished for said purposes and
the remainder of said salaries shall be paid from the general funds
of the county.
(2) Notwithstanding the limitation contained in paragraph
(1) of this subsection, on and after the effective date of this
paragraph the deputy tax commissioner shall be compensated by
an annual salary of $13,100.00 and the tax commissioner may
increase the compensation of the other personnel of his office by
an amount not to exceed 5.23 percent.
3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia an Act creating the
office of Tax Commissioner and providing for compensation for
clerical help, as approved January 27, 1964 (Ga. Laws 1964, page
2018), as amended; and for other purposes this 17th day of January,
1983.
Wayne Snow
Representative,
District 1, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wayne Snow, Jr., who, on oath,
deposes and says that he is Representative from the 1st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Walker County Messenger which is
the official organ of Walker County, on the following dates: January
19,28, and February 2,1983.
/s/ Wayne Snow, Jr.
Representative,
1st District
GEORGIA LAWS 1983 SESSION
3887
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
COBB COUNTY JUVENILE COURT JUDGE
COMPENSATION.
No. 109 (House Bill No. 687).
AN ACT
To amend an Act providing for the compensation of the judge of
the Juvenile Court of Cobb County, approved January 17,1969 (Ga.
L. 1969, p. 3560), as amended, so as to change the compensation of
said judge; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the compensation of the judge of
the Juvenile Court of Cobb County, approved January 17,1969 (Ga.
L. 1969, p. 3560), 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 judge of the Juvenile Court of Cobb County shall
receive an annual salary of $40,068.00, to be paid in equal monthly
installments from the general funds of Cobb County. Said judge shall
devote his full time to the duties of his office and shall not engage in
the private practice of law.
3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, a bill to amend an
Act fixing the compensation of the Judge of the Juvenile Court of
Cobb County, Georgia, approved July 17,1969, (Ga. L. 1969, p. 350),
as amended, and for other purposes.
This 31st day of December, 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 is Representative from the 20th District, and
GEORGIA LAWS 1983 SESSION
3889
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,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
COBB COUNTY STATE COURT CLERK AND
DEPUTY CLERK COMPENSATION.
No. 110 (House Bill No. 692).
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 the compensation of the clerk of the court; to change the
compensation of the chief deputy clerk; to provide an effective date;
to repeal conflicting laws; and for other purposes.
3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section T. 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 23 the following:
Until April 1,1980, the clerk of the State Court shall receive an
annual salary of $21,400.00, payable in equal monthly installments
from the funds of Cobb County. On and after April 1, 1980, the
annual salary of said clerk shall be $22,900.00. Said annual salary of
the clerk shall be increased by 8 percent on the effective date of this
sentence and by an additional 8 percent on April 1,1982.,
and inserting in lieu thereof the following:
The clerk of the State Court of Cobb County shall receive an
annual salary of $28,310.00, payable in equal monthly installments
from the funds of Cobb County.
Section 2. Said Act is further amended by striking in its entirety
paragraph (4) of subsection (b) and inserting in lieu thereof a new
paragraph (4) to read as follows:
(4) The salary of the chief deputy clerk shall be $24,725.00 per
annum to be paid in equal monthly installments from the funds of the
county.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 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.
GEORGIA LAWS 1983 SESSION
3891
This 31st day of Dec., 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 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: December 31,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CARROLL COUNTY PROBATE JUDGE
COMPENSATION.
No. Ill (House Bill No. 713).
AN ACT
To amend an Act placing the judge of the Probate Court of Carroll
County upon an annual salary, approved March 27, 1972 (Ga. L.
1972, p. 2739), as amended, so as to change the compensation of the
judge of the probate court; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the judge of the Probate Court of
Carroll County upon an annual salary, approved March 27, 1972
(Ga. L. 1972, p. 2739), as amended, is amended by striking Section 2
in its entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. The judge of the probate court shall receive an
annual salary of $24,000.00, payable in equal monthly installments
from county funds.
GEORGIA LAWS 1983 SESSION
3893
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
1983 session of the General Assembly of Georgia a bill to change the
compensation of the Judge of Probate Court of Carroll County, and
for other purposes.
This 18th day of January, 1983.
/s/ Wayne Garner
/s/ Charles A. Thomas, Jr.
/s/ Gerald L. Johnson
Affidavit.
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Daily-Times Georgian legal organ for Carroll
County.
The following dates, to-wit: January 20,27 and February 3,10.
3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to on the 16th day
of February, 1983.
/s/ Bill E. Martin
Publisher
Sworn to and subscribed before me,
on the 16th day of February, 1983.
/s/ Linda W. Jeter
Notary Public.
(Seal).
Approved March 14, 1983.
CLAY COUNTY SHERIFF MAXIMUM SALARY.
No. 112 (House Bill No. 720).
AN ACT
To amend an Act placing the sheriff of Clay County on an annual
salary, approved February 28,1966 (Ga. L. 1966, p. 2250), as amended
by an Act approved April 11, 1979 (Ga. L. 1979, p. 3246), so as to
provide that the sheriff shall not receive a salary above a certain
maximum; 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 Clay County on an
annual salary, approved February 28,1966 (Ga. L. 1966, p. 2250), as
amended by an Act approved April 11,1979 (Ga. L. 1979, p. 3246), is
amended by striking Section 2 in its entirety and substituting in lieu
thereof a new Section 2 to read as follows:
GEORGIA LAWS 1983 SESSION
3895
Section 2. The annual salary of the sheriff of Clay County shall
be fixed and determined by the governing authority of Clay County.
The annual salary of the sheriff shall not be less than the minimum
salary prescribed by law nor more than 150 percent of the minimum
salary prescribed by general law.
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 1983
session of the General Assembly of Georgia, a bill concerning the
compensation of the offices of Probate Judge, Clerk of Superior
Court, Tax Commissioner and Sheriff of the County of Clay, and for
other purposes.
This 14th day of January, 1983.
Gerald Isler, Chairman
Clay 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 is Representative from the 131st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cuthbert Times and News Record which is
the official organ of Clay County, on the following dates: January 20,
27, and February 3,1983.
/s/ Bob Hanner
Representative,
131st District
3896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
FLOYD COUNTY SUPERIOR COURT CLERK
COMPENSATION.
No. 113 (House Bill No. 745).
AN ACT
To amend an Act establishing compensation and allowances for
the Clerk of the Superior Court of Floyd County and the Judge of the
Probate Court of Floyd County, approved March 27, 1972 (Ga. L.
1972, p. 3184), as amended by an Act approved February 27, 1981
(Ga. L. 1981, p. 3030), so as to change the compensation of said clerk;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing compensation and allowances
for the Clerk of the Superior Court of Floyd County and the Judge of
the Probate Court of Floyd County, approved March 27,1972 (Ga. L.
1972, p. 3184), as amended by an Act approved February 27, 1981
(Ga. L. 1981, p. 3030), is amended by striking from Section 2 of said
Act the following:
GEORGIA LAWS 1983 SESSION
3897
$21,500.00,
and inserting in lieu thereof the following:
$25,555.00,
so that when so amended Section 2 shall read as follows:
Section 2. The Clerk of the Superior Court of Floyd County
shall be paid a salary of $25,555.00 per annum, payable in equal
monthly installments from the funds of Floyd County. The clerk of
the superior court shall be entitled to experience increases in salary of
$500.00 per annum for each four-year term of office completed for a
maximum of three terms. One of these experience increases in salary
may be earned for prior service in any position in said office totaling
four or more years.
Section 2. This Act shall become effective on the first day 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
1983 Session of the General Assembly of Georgia a bill to amend an
Act establishing compensation and allowances for the Clerk of the
Superior Court of Floyd County and the Ordinary of Floyd County,
approved March 27, 1972 (Ga. Laws 1972, p. 3184); and for other
purposes.
This 29th day of January, 1983.
3898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
John Adams
Representative,
16th District
Buddy Childers
Representative,
15 District
Forrest McKelvey
Representative,
15 District, Post 2
Ed Hine
Senator,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Adams, who, on oath, deposes
and says that he is Representative from the 16th 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: February 3,10,17,1983.
/s/ John Adams
Representative,
16th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3899
LIBERTY COUNTY STATE COURT COMPENSATION
OF JUDGE AND SOLICITOR.
No. 114 (House Bill No. 750).
AN ACT
To amend an Act establishing the State Court of Liberty County
(formerly the City Court of Hinesville), approved August 9,1916 (Ga.
L. 1916, p. 232), as amended, particularly by an Act approved April
11,1979 (Ga. L. 1979, p. 3280), so as to change the compensation of
the judge and solicitor of the said court; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Liberty
County (formerly the City Court of Hinesville), approved August 9,
1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act
approved April 11,1979 (Ga. L. 1979, p. 3280), is amended by striking
from Section 4A thereof the following:
eleven thousand dollars ($11,000.00),
and inserting in its place the following:
$18,000.00,
so that when so amended, said Section 4A shall read as follows:
Section 4A. The judge of the State Court of Liberty County
shall receive a salary of $18,000.00 per annum, and the same shall be
paid monthly out of the public funds of Liberty County and out of any
fund set aside for paying current expenses of said county. The judge
of said court shall receive no other compensation for his service. He
3900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall not be permitted to practice law in his own court but may
practice in other courts.
Section 2. Said Act is further amended by striking from Section
5A the following:
eleven thousand dollars ($11,000.00),
and inserting in its place the following:
$18,000.00,.
so that when so amended, said Section 5A shall read as follows:
Section 5A. The solicitor of the State Court of Liberty County
shall be compensated in the amount of $18,000.00 per annum, to be
paid in equal monthly installments from the funds of Liberty County.
Such compensation shall be in lieu of all fees which he has heretofore
received except those provided in Section 6. The solicitor shall not be
allowed any additional reimbursement for secretarial help. In the
absence or disqualification of the solicitor, the judge of the city court
shall appoint a solicitor pro tem, who shall be paid the amount on a
pro rata basis which the solicitor would have received had he been
serving.
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 to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular
1983 session of the General Assembly of Georgia, a bill to change the
method of compensation of and the amount of compensation of the
Liberty County Judge of State Court and the Liberty County Solici-
tor of State Court; to provide for related matters; and for other
purposes.
GEORGIA LAWS 1983 SESSION
3901
This the 31st day of January, 1983.
James M. Floyd
Chairman, Liberty County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe E. Brown, who, on oath, deposes
and says that he is Representative from the 154th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Coastal Courier which is the official organ of
Liberty County, on the following dates: February 2,9,16,1983.
/s/ Joe E. Brown
Representative,
154th District
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THOMAS COUNTY SMALL CLAIMS COURT
ELECTION OF JUDGE.
No. 115 (House Bill No. 758).
AN ACT
To amend an Act creating the Small Claims Court of Thomas
County, approved March 23, 1977 (Ga. L. 1977, p. 4043), so as to
provide that the judge of the court shall be elected; 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 Small Claims Court of Thomas
County, approved March 23,1977 (Ga. L. 1977, p. 4043), is amended
by striking Section 2 and inserting in its place a new Section 2 to read
as follows:
Section 2. The judge in office on the effective date of this section
shall serve until December 31,1984, and until his successor is elected
and qualified. At the 1984 general election and quadrennially there-
after there shall be elected a judge of the Small Claims Court of
Thomas County who shall take office on the first day of January
following his election for a term of four years 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 Local Legislation.
Notice is hereby given that there will be introduced in the 1983
Regular Session of the General Assembly a bill to provide for the
election of the Small Claims Court Judge.
GEORGIA LAWS 1983 SESSION
3903
This the 1st day of February, 1983.
John Bulloch
Thomas County Board
of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Allen Sherrod, who, on oath, deposes
and says that he is Representative from the 143rd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Thomasville Times Enterprise which is the
official organ of Thomas County, on the following dates: February 4,
11,18,1983.
/s/ Allen Sherrod
Representative,
143rd District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BURKE COUNTY PROBATE JUDGE MANNER
OF COMPENSATING.
No. 116 (House Bill No. 759).
AN ACT
To abolish the present mode of compensating the probate judge of
Burke County, known as the fee system; to provide in lieu thereof an
annual salary for said officer; 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; to provide for all matters relative to the forego-
ing; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the probate judge
of Burke County, known as the fee system, is abolished and, in lieu
thereof, said officer shall receive an annual salary of $22,470.00 to be
paid in equal monthly installments from the funds of Burke County.
Beginning July 1, 1983, the salary of the probate judge shall be
increased, whenever employees of Burke County are given an across-
the-board cost-of-living increase, by the same percentage or amount
as is provided for the employees of Burke County.
Section 2. After the effective date of this Act, the judge of the
probate court of Burke County shall diligently and faithfully under-
take to collect all fees, fines, forfeitures, commissions, costs, allow-
ances, penalties, funds, moneys, and all other emoluments and per-
quisites formerly allowed as compensation for services in any capacity
in his office, and shall receive and hold the same in trust for said
county as public 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, said officer
shall furnish the governing authority of the county a detailed,
itemized statement, under oath, of all such funds received during the
preceding month by said officer and paid into the county treasury.
GEORGIA LAWS 1983 SESSION
3905
The statement shall show the respective amounts of money collected
and the source thereof.
Section 3. The necessary operating expenses for the office of
said judge of the probate court, expressly including the compensation
of all personnel and employees, shall be paid from any funds of the
county available for such purpose. All supplies, materials, furnish-
ings, furniture, utilities, and equipment, and the repaid, replacement,
and maintenance thereof, as may be reasonably required in discharg-
ing the official duties of his 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 Burke County.
Section 4. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular
1983 session of the General Assembly of Georgia, a bill to change the
method of compensation of and the amount of compensation of the
Burke County Probate Judge; to provide for related matters; and for
other purposes.
This 28th day of January, 1983.
C. W. Hopper, Jr.,
Burke County Administrator
Preston B. Lewis, Jr.
Burke County Attorney
3906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 is Representative from the 108th 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: February 2, 9 and 16,
1983.
/s/ Emory E. Bargeron
Representative,
108th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 14, 1983.
BULLOCH COUNTY ALLOCATION OF SALES
TAX REVENUES.
No. 117 (House Bill No. 768).
AN ACT
To allocate the proceeds of the sales and use tax imposed by
Bulloch County under Article 2 of Chapter 8 of Title 48 of the
GEORGIA LAWS 1983 SESSION
3907
O.C.G.A. to the Bulloch County school system; to provide definitions;
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. As used in this Act, the term proceeds means 100
percent of the proceeds of the local sales and use tax authorized for
distribution as provided in paragraph (2) of subsection (a) of Code
Section 48-8-89 of the O.C.G.A.
Section 2. The proceeds of the sales and use tax imposed in
Bulloch County under the provisions of Article 2 of Chapter 8 of Title
48 of the O.C.G.A. shall be allocated to the Bulloch County school
system.
Section 3. The official charged with the duty and responsibility
of collecting the sales and use tax as provided in Article 2 of Chapter 8
of Title 48 of the O.C.G.A. shall pay over the proceeds of the tax to the
Board of Education of Bulloch County within 30 days of the collection
of the proceeds.
Section 4. 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 in the 1983
session of the General Assembly of Georgia, a bill allocating a
percentage of the local sales and use tax levied within Bulloch County
to the Bulloch County School System; and for other purposes.
This 3rd day of February, 1983.
3908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Robert Emory Lane
Representative,
District 111
John F. Godbee
Representative,
District 110
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Lane, who, on oath, deposes and
says that he is Representative from the 111th 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: February 5,12,18,1983.
/s/ Bob Lane
Representative,
111th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3909
BULLOCH COUNTY TAX COMMISSIONERS
ASSISTANTS COMPENSATION.
No. 118 (House Bill No. 775).
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
amended, particularly by an Act approved April 12,1982 (Ga. L. 1982,
p. 3943), so as to change the compensation of the tax commissioners
assistants; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of
Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as
amended, particularly by an Act approved April 12,1982 (Ga. L. 1982,
p. 3943), 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 $10,111.00 per annum, the second such assistant shall
receive a salary not to exceed $9,332.00 per annum, and the third such
assistant shall receive a salary not to exceed $8,651.00 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.
3910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice to the Public.
The public is notified that there will be introduced in the 1983
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners Office; and Office of the
Clerk of Bulloch County Superior Court.
It is contemplated that the changes in compensation will be an
increase for those concerned, to be effective on the first day of the
month following approval by the Governor of Georgia.
This January 29,1983.
Robert Emory Lane
Representative,
District 110
John F. Godbee
Representative,
District 110
Joseph E. Kennedy
Senator,
District 4
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee, who, on oath,
deposes and says that he is Representative from the 110th 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: February 3,
10,17,1983.
GEORGIA LAWS 1983 SESSION
3911
/s/ John F. Godbee
Representative,
110th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
WILKINSON COUNTY BOARD OF EDUCATION
ELECTION OF SUCCESSOR BOARD, ETC.,
REFERENDUM.
No. 119 (House Bill No. 561).
AN ACT
To amend an Act creating a new Board of Education of Wilkinson
County, approved April 3,1972 (Ga. L. 1972, p. 3333), so as to provide
for the election of a new Board of Education of Wilkinson county as
the successor to the heretofore existing board; to provide for election
districts; to provide for terms of office; to provide for the election of a
chairman of the board; to provide for filling vacancies on the board; to
provide for the compensation of the members of the board and the
chairman; to provide for other matters relative to the foregoing; to
provide for a referendum; to provide effective dates; to repeal con-
flicting laws; to provide for the submission of this Act to the United
States Department of Justice; and for other purposes.
3912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new Board of Education of
Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), is
amended by striking Sections 1 through 5 in their entirety and
substituting in lieu thereof new Sections 1 through 5 to read as
follows:
Section 1. The Board of Education of Wilkinson County shall
be composed of a chairman and four additional members. The
chairman shall be elected from the Wilkinson 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 Wilkinson County school
district shall be divided into four education districts as follows:
Education District No. 1
Wilkinson
Tract 9902
That part of Block 302 inside
the City of Gordon
Blocks 303 through 306
That part of Block 313 inside
the City of Gordon
Blocks 315 and 316
That part of Block 317 inside
the City of Gordon
Blocks 318 through 334
That part of Block 335 inside
the City of Gordon
Blocks 401 through 408,
410 through 421, and 429 through 434
That part of Block 441 inside
the City of Gordon
Block 450
Education District No. 2
Wilkinson
Tract 9901
Blocks 103, 104, 110 through 113,
GEORGIA LAWS 1983 SESSION
3913
and 120
That part of Block 121 outside
the City of McIntyre
Block 122
That part of Block 206 outside
the City of McIntyre
Blocks 207 through 210
That part of Block 211 outside
the City of McIntyre
Block 212
Tract 9902
Group 1
Blocks 201 through 243
Block 301
That part of Block 302 outside
the City of Gordon
Blocks 307 through 312
That part of Block 313 outside
the City of Gordon
Block 314
Those parts of Blocks 317 and 335
outside the City of Gordon
Blocks 422 through 428 and
435 through 440
That part of Block 441 outside
the City of Gordon
Blocks 508 and 509
Education District No. 3
Wilkinson
Tract 9901
Those parts of Blocks 219
and 221 inside the City
of Irwinton
Blocks 228 through 230, 232,
and 233
Blocks 301 through 303
Block 401
That part of Block 403 inside
the City of Irwinton
Blocks 408 through 410 and
414 through 432
Block Group 5
3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 9902
Those parts of Blocks 506 and
507 outside the City of
Irwinton
Blocks 510 through 520
Block Groups 6 and 7
Education District No. 4
Wilkinson
Tract 9901
Blocks 101, 102, 105 through
109, and 114 through 119
That part of Block 121 inside
the City of Irwinton
Blocks 123 and 124
Blocks 201 through 205
Those parts of Blocks 206 and
211 inside the City of McIntyre
Blocks 213 through 218
That part of Block 219 inside
the City of McIntyre
That part of Block 219 outside
the City of Irwinton
Block 220
That part of Block 221 inside
the City of McIntyre
That part of Block 221 outside
the City of Irwinton
Blocks 222 through 227
Blocks 304 through 312
Block 402
That part of Block 403 inside
the City of Toomsboro
That part of Block 403 outside
the City of Toomsboro
Blocks 404 through 407 and
411 through 413
Tract 9902
Blocks 501 through 505
Those parts of Blocks 506 and
507 inside the City of Irwinton
GEORGIA LAWS 1983 SESSION
3915
(b) As used in subsection (a) of this section, the terms Tract,
Block Group, and Block shall mean and describe the same geo-
graphical 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 Wilkinson. Whenever the description of an educa-
tion 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 Wilkinson County school district which is not included in an
education district described in subsection (a) of this section shall be
included within that district contiguous to such part which contains
the least population according to the 1980 decennial census.
(c) Each district member of the board of education shall be a
resident of the respective education district during the members
term of office, and a candidate for district membership on said board
shall have been a resident of the county school district for at least two
years and 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 shall have been a resident of the county school
district at least two years prior to the date of election. The chairman
may reside anywhere within the Wilkinson County school district and
shall be elected by a majority of the qualified voters voting at large
within the Wilkinson County school district. The chairman shall be a
full voting member of the board. 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.
(d) The first members of the board of education provided for in
this Act shall be elected at the general election held in 1984. At the
general election held in 1984, the chairman and the members from
education districts 3 and 4 shall be elected for terms of four years, and
the members from education districts 1 and 2 shall be elected for
initial terms of two years. All members shall take office on January 1,
1985. 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.
3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. (a) If a vacancy occurs in the membership of the
board, including the chairman, because of death, removal from the
education district or from the school district, resignation, or for any
other reason, such vacancy shall be filled as follows:
(1) If the remaining term of office is six months or less, the
remaining members of the board shall appoint a qualified person
to fill such vacancy for the unexpired term;
(2) If the remaining term of office is more than six months
and the vacancy is in the district membership of the board, the
election superintendent of Wilkinson County, within ten days
after the date the vacancy occurred, shall issue the call for a
special election to be held within the education district in which
the vacancy exists to elect a qualified person to fill such vacancy
for the unexpired term; and
(3) If the remaining term of office is more than six months
and the vacancy is in the chairmanship of the board, the election
superintendent of Wilkinson County, within ten days after the
date the vacancy occurred, shall issue the call for a special election
to be held within the Wilkinson County School District to elect a
qualified person to fill such vacancy for the unexpired term.
(b) Special elections provided for in this section shall be held
and conducted in accordance with the applicable provisions of Chap-
ter 2 of Title 21 of the Official Code of Georgia Annotated known as
the Georgia Election Code.
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
in equal monthly installments from the funds of the board of educa-
tion.
Section 5. The Board of Education of Wilkinson 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 Wilkinson County shall
stand abolished on December 31,1984.
GEORGIA LAWS 1983 SESSION
3917
Section 2. Not less than ten nor more than 20 days after the date
of the approval of this Act by the Governor, or after it otherwise
becomes law, it shall be the duty of the election superintendent of
Wilkinson County to issue the call for an election for the purpose of
submitting this Act to the electors of the Wilkinson County School
District for approval or rejection. The superintendent shall set the
date of such election for a day not less than 30 nor more than 45 days
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 Wilkinson County. The ballot shall have written or printed
thereon the words:
( ) YES Shall the Act providing for the elec-
( ) NO tion of a new Board of Education of
Wilkinson County to take office on
January 1, 1985, consisting of four
district board members and a chair-
man elected at large and fixing the
compensation of the members of said
board and providing for the filling of
vacancies 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 Wilkinson 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 approved at the referendum provided for in
Section 2 of this Act, the provisions of this Act necessary for election
of the members of the Board of Education of Wilkinson County at the
general election of 1984, as provided by this Act, shall become
effective upon the certification of the results of said referendum. This
Act shall become effective for all purposes on January 1,1985.
3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Section 5. It shall be the duty of the Board of Education of
Wilkinson 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 Department of
Justice 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.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating a new Board of Education of Wilkinson County, approved
April 3,1972 (Ga. L. 1972, p. 3333); and for other purposes.
This 17th day of January, 1983.
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 is Representative from the 104th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Wilkinson County News which is the
official organ of Wilkinson County, on the following dates: January
20,27, and February 3,1983.
/s/ Kenneth W. Birdsong
Representative,
104th District
GEORGIA LAWS 1983 SESSION
3919
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CITY OF AUSTELL CORPORATE LIMITS CHANGED.
No. 120 (House Bill No. 829).
AN ACT
To amend an Act reincorporating the City of Austell, approved
August 17,1929 (Ga. L. 1929, p. 862), as amended, particularly by an
Act approved April 11,1979 (Ga. L. 1979, p. 4495), 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 reincorporating the City of Austell, approved
August 17,1929 (Ga. L. 1929, p. 862), as amended, particularly by an
Act approved April 11, 1979 (Ga. L. 1979, p. 4495), is amended by
adding following Section 3V thereof a new section, to be known as
Section 3W, to read as follows:
Section 3W. On or after the effective date of this section, the
corporate limits of the City of Austell shall also include and embrace
the following tracts of land:
3920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All that tract or parcel of land, lying and being in Land Lot
206 of the 18th District of Douglas County, Georgia, more particu-
larly described as follows: BEGINNING at a point on the West
line of Land Lot 206, a distance of 289.2 feet South of the line
dividing Cobb County and Douglas County, which is the South
line of the present Austell city limits, and running thence East
along said city limit line 515 feet, more or less, to the East side of
Hotel Street; running thence South along the East side of Hotel
Street 1060 feet, more or less, to the South line of Land Lot 206;
running thence West along said Land Lot line 538.3 feet to the
Southwest corner of said Land Lot; running thence North along
the West line of said Land Lot 1060 feet, more or less, to 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
1983 session of the General Assembly of Georgia, a bill to amend the
charter of the City of Austell, (Ga. L. 1929, p. 852) as heretofore
amended and for other purposes.
This 31st day of December, 1982.
GEORGIA LAWS 1983 SESSION
3921
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Terry Lawler, who, on oath, deposes
and says that he is Representative from the 20th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Douglas County Sentinel which is the official
organ of Douglas County, on the following dates: January 13, 20, 27,
February 3,1983.
/s/ Terry Lawler
Representative,
20th District
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
3922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, a bill to amend the
charter of the City of Austell, (Ga. L. 1929, p. 852) as heretofore
amended, and for other purposes.
This 31st day of December, 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Terry Lawler, who, on oath, deposes
and says that he 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: December 31, 1982,
January 7,14,21,28,1983.
/s/ Terry Lawler
Representative,
20th District
GEORGIA LAWS 1983 SESSION
3923
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
SCREVEN COUNTY STATE COURT JUDGE AND
SOLICITOR COMPENSATION.
No. 121 (House Bill No. 827).
AN ACT
To amend an Act creating the State Court of Screven County,
approved December 15, 1902 (Ga. L. 1902, p. 162), as amended,
particularly by an Act approved March 11,1977 (Ga. L. 1977, p. 3152),
so as to change the provisions relative to 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 Screven County,
approved December 15, 1902 (Ga. L. 1902, p. 162), as amended,
particularly by an Act approved March 11,1977 (Ga. L. 1977, p. 3152),
is amended by striking Section 6A in its entirety and substituting in
lieu thereof a new Section 6A to read as follows:
Section 6A. Notwithstanding any other provisions of law to the
contrary, the judge of said court shall receive an annual salary of
$7,500.00 and the solicitor of said court shall receive an annual salary
3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of $6,500.00. Said salaries shall be paid in equal monthly installments
from the funds of Screven County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Pass Local Legislation.
Notice is hereby given as provided by the Constitution of the State
of Georgia that legislation will be introduced to the 1983 Session of
the General Assembly of Georgia to amend the salaries of the Solicitor
of the State Court of Screven County, Georgia, and the Judge of the
State Court of Screven County.
This 19th day of January, 1983.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Lane, who, on oath, deposes and
says that he is Representative from the 111th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Sylvania Telephone which is the official organ of
Screven County, on the following dates: January 27, February 3, 10,
1983.
/s/ Bob Lane
Representative,
111th District
GEORGIA LAWS 1983 SESSION
3925
Sworn to and subscribed before me,
this 23rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
EARLY COUNTY SMALL CLAIMS COURT JUDGE
MANNER OF COMPENSATING, ETC.
No. 122 (House Bill No. 824).
AN ACT
To amend an Act creating and establishing the Small Claims
Court of Early County, approved January 27, 1978 (Ga. L. 1978, p.
3010), so as to abolish the present mode of compensating the judge of
the Small Claims Court of Early County, known as the fee system; to
provide in lieu thereof an annual salary for said officer; 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
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing the Small Claims
Court of Early County, approved January 27, 1978 (Ga. L. 1978, p.
3010), is amended by striking Section 5 in its entirety and inserting in
lieu thereof two new sections, to be designated Section 5 and Section
5A, respectively, to read as follows:
3926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. The annual salary of the judge of the small claims
court shall be fixed and determined by the governing authority of
Early County. The annual salary of the judge of the small claims court
shall be payable in equal monthly installments from county funds.
The annual salary shall be the sole compensation for services of the
judge of the small claims court in any capacity.
Section 5A. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for services in any capacity and shall receive and hold the
same in trust for said county as public moneys and shall pay the same
into the county treasury on or before the fifteenth day of each month
next following the month in which they were collected or received. At
the time of each such monthly payment into the county treasury, the
judge of the small claims court shall furnish the governing authority
of the county a detailed, itemized statement, under oath, of all such
funds received during the preceding month by such officer and paid
into the county treasury. The statement shall show the respective
amounts of money collected and the source thereof.
Section 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
1983 Session of the General Assembly of Georgia a bill to amend an
Act creating the Small Claims Court in and for Early County,
approved January 27, 1978 (Ga. Laws 1978, p. 3010), and for other
purposes.
This 31st day of January, 1983.
/s/ Ralph J. Balkcom
Representative,
140th District
GEORGIA LAWS 1983 SESSION
3927
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 is Representative from the 140th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Early County News which is the
official organ of Early County, on the following dates: February 3,10,
17,1983.
/s/ Ralph J. Balkcom
Representative,
140th District
Sworn to and subscribed before me,
this 23rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
EARLY COUNTY PROBATE COURT JUDGE
MANNER OF COMPENSATING, ETC.
No. 123 (House Bill No. 823).
AN ACT
To abolish the present mode of compensating the judge of the
Probate Court of Early County, known as the fee system; to provide in
3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lieu thereof an annual salary for said officer; to provide that all fees,
costs, or other emoluments of said officer shall become the property of
the county; to provide for an exception; to provide for the collection of
all such fees, costs, and emoluments; to provide for periodic state-
ments; to provide for the payment of the operating expenses of said
office; to provide for the employment of deputies, clerks, assistants,
and other personnel by said officer; to provide for the compensation
of such deputies, clerks, assistants, and other personnel; to repeal an
Act providing that the judge of the Probate Court of Early County
shall receive, in addition to the fees received by law, a supplemental
salary, approved March 17, 1960 (Ga. L. 1960, p. 3083); to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the
Probate Court of Early County, known as the fee system, is abolished
and, in lieu thereof, an annual salary for such officer is prescribed as
provided in this Act.
Section 2. The annual salary of the judge of the Probate Court of
Early County shall be fixed and determined by the governing author-
ity of Early County. The annual salary of the judge of the probate
court shall not be less than the minimum salary prescribed by general
law and shall not be reduced during his term of office. The annual
salary of the judge of the probate court shall be payable in equal
monthly installments from county funds. The annual salary shall be
the sole compensation for services of the judge of the probate court in
any capacity except those services for copies or searches by local
custodians of vital records as provided in Code Section 31-10-27 of the
O.C.G.A.
Section 3. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for services in any capacity except as provided in Section 2
of this Act and shall receive and hold the same in trust for said county
as public moneys and shall pay the same into the county treasury on
or before the fifteenth day of each month next following the month in
which they were collected or received. At the time of each such
GEORGIA LAWS 1983 SESSION
3929
monthly payment into the county treasury, the judge of the probate
court shall furnish the governing authority of the county a detailed,
itemized statement, under oath, of all such funds received during the
preceding month by such officer and paid into the county treasury.
The statement shall show the respective amounts of money collected
and the source thereof.
Section 4. The judge of the probate court shall have the
authority to employ deputies, clerks, assistants, and other personnel
deemed necessary to discharge efficiently and effectively the official
duties of the office. The judge of the probate court shall, from time to
time, recommend to the governing authority of said county the
number of such personnel needed by the office, together with the
suggested compensation to be paid each employee. However, it shall
be within the sole discretion of the governing authority of said county
to fix the number of such other employees and their compensation. It
shall be within the sole power and authority of the judge of the
probate court, during the term of office to which elected, to designate
and name the person or persons who shall be employed as such
deputies, clerks, assistants, or other employees; to prescribe their
duties and assignments; and to remove or replace any of such employ-
ees at will and within his sole discretion.
Section 5. The necessary operating expenses of the office of the
judge of the probate court, expressly including the compensation of
the personnel in the office of the judge of the probate court, shall be
paid from any funds of the county available for such purpose. All
supplies, materials, furnishings, furniture, and utilities 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 Early County.
Section 6. An Act approved March 17, 1960 (Ga. L. 1960, p.
3083), providing that the judge of the Probate Court of Early County
shall receive, in addition to the fees received by law, a supplemental
salary is repealed in its entirety.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
Session of the General Assembly of Georgia a bill to place the Probate
Judge of Early County on an annual salary in lieu of the fee system of
compensation; to provide the procedure connected therewith and for
other purposes.
This 31st day of January, 1983.
/s/ Ralph J. Balkcom
Representative,
140th District
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 is Representative from the 140th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Early County News which is the
official organ of Early County, on the following dates: February 3,10,
17,1983.
/s/ Ralph J. Balkcom
Representative,
140th District
Sworn to and subscribed before me,
this 23rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983
GEORGIA LAWS 1983 SESSION
3931
WAYNE COUNTY STATE COURT JUDGE AND
SOLICITOR COMPENSATION, ETC.
No. 125 (House Bill No. 819).
AN ACT
To amend an Act establishing the State Court of Wayne County
(formerly the City Court of Jesup in and for the County of Wayne),
approved July 31,1916 (Ga. L. 1916, p. 248), as amended, particularly
by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), an Act
approved June 5, 1964 (Ga. L. 1964 Ex. Sess., p. 2046), and an Act
approved March 17,1978 (Ga. L. 1978, p. 4071), so as to change the
compensation of the judge and the solicitor; to change the secretarial
allowance of the solicitor; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Wayne County
(formerly the City Court of Jesup in and for the County of Wayne),
approved July 31,1916 (Ga. L. 1916, p. 248), as amended, particularly
by an Act approved March 17, 1958 (Ga. L. 1958, p. 2525), an Act
approved June 5, 1964 (Ga. L. 1964 Ex. Sess., p. 2046), and an Act
approved March 17, 1978 (Ga. L. 1978, p. 4071), is amended by
striking in its entirety Section 3 of said amendatory Act of 1958 and
substituting in lieu thereof a new Section 3 to read as follows:
Section 3. The judge of the State Court of Wayne County shall
receive a salary of $9,000.00 per annum, which shall be paid in
monthly installments from the funds of Wayne County at the direc-
tion of the board of commissioners of Wayne County.
Section 2. Said Act is further amended by striking in its entirety
Section 4 of said amendatory Act of 1958 and substituting in lieu
thereof a new Section 4 to read as follows:
3932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. The solicitor of the State Court of Wayne County
shall receive an annual salary in the amount of $9,800.00. In addition
to such salary an allowance of $50.00 per month shall be paid to the
solicitor for secretarial services. The salary and allowance shall be
paid monthly out of the funds of Wayne 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
1983 session of the General Assembly of Georgia, a bill affecting the
compensation of the Judge of State Court and Solicitor of State Court
of Wayne County.
This 31st day of January, 1983.
Ray S. Gordon,
State Court Judge
J. Kenneth Royal, Solicitor
Roger C. Byrd,
State Representative
Georgia, Wayne County.
Before me, an officer duly authorized by law to administer oaths,
appeared W. H. NeSmith, Jr., who on oath states that he is publisher
of the Press-Sentinel, a newspaper of general circulation and one in
which Sheriffs advertisements are published in Wayne County,
Georgia, and that notice shown below has been duly and regularly
published in the Press-Sentinel 3 times, on the issues dated, to-Wit:
February 2,1983, February 9,1983, and February 16,1983.
GEORGIA LAWS 1983 SESSION
3933
/s/ W. H. NeSmith, Jr.
Sworn to and subscribed before me,
this the 16th day of February, 1983.
/s/ Patricia D. Moody
Notary Public, Georgia State at Large.
My Commission Expires Jan. 20, 1987
(Seal).
Approved March 14, 1983.
WAYNE COUNTY SUPERIOR COURT CLERK
COMPENSATION.
No. 126 (House Bill No. 818).
AN ACT
To amend an Act placing the sheriff and clerk of the Superior
Court of Wayne County on a salary basis in lieu of a fee basis of
compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), as
amended, particularly by an Act approved March 25, 1980 (Ga. L.
1980, p. 3805) and an Act approved April 6, 1981 (Ga. L. 1981, p.
3348), so as to change the provisions relative to the compensation of
the clerk of the superior court; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff and clerk of the Superior
Court of Wayne County on a salary basis in lieu of a fee basis of
compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), as
amended, particularly by an Act approved March 25, 1980 (Ga. L.
3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1980, p. 3805) and an Act approved April 6, 1981 (Ga. L. 1981, p.
3348), is amended by striking subsections(a) and (b) of Section 1,
which read as follows:
(a) The clerk of the Superior Court of Wayne County shall
receive a salary of $16,023.00 per annum to be paid in equal monthly
installments from the funds of Wayne County. The salary of the clerk
shall be increased 6 percent per annum effective on January 1 of each
year with the first such increase to be effective on January 1,1982.
(b) The salary provided for in subsection (a) of this section shall
apply to the person holding office as clerk of the Superior Court of
Wayne County on January 1,1981, and shall continue to be applicable
as long as that same person continues in office as clerk of the Superior
Court of Wayne County. In the event such person ceases to hold
office as clerk of the Superior Court of Wayne County for any reason,
the salary of the successor clerk shall be the minimum salary provided
for clerks of the superior courts by an Act providing a minimum salary
for said officers, approved March 30, 1973 (Ga. L. 1973, p. 256), as
now or hereafter amended.,
and inserting in lieu thereof new subsections (a) and (b) to read as
follows:
(a) The clerk of the Superior Court of Wayne County shall
receive a base salary of $21,560.00 per annum to be paid in equal
monthly installments from the funds of Wayne County. The salary of
the clerk shall be increased 6 percent per annum effective on January
1 of each year with the first such increase to be effective on January 1,
1984. If at any time after January 1, 1983, the base salary of any
county officer is increased during a calendar year, either by local law
or pursuant to general law, to an amount greater than the salary of the
clerk as provided in this subsection, then the salary provided by this
subsection for the clerk of the Superior Court of Wayne County shall
be increased to the same amount, effective at the same time as the
effective date of the increase in the salary of such county officer.
(b) The salary provided for in subsection (a) of this section shall
apply to the person holding office as clerk of the Superior Court of
Wayne County on January 1,1983, and shall continue to be applicable
as long as that same person continues in office as clerk of the Superior
Court of Wayne County. In the event such person ceases to hold
office as clerk of the Superior Court of Wayne County for any reason,
GEORGIA LAWS 1983 SESSION
3935
the salary of the successor clerk shall be the minimum salary provided
for clerks of the superior courts by Article 2 of Chapter 6 of Title 15 of
the O.C.G.A.
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 there will be introduced at the regular
1983 session of the General Assembly, a bill to amend an Act placing
the Sheriff and the Clerk of Superior Court of Wayne County upon a
salary basis in lieu of fee basis of compensation, approved March 10,
1959, (Georgia Laws 1959, Page 30-31), as amended and for other
purposes.
This 27th day of January, 1983.
/s/ Stetson Bennett, Jr.
Clerk, Superior Court
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Roger Byrd, who, on oath, deposes
and says that he is Representative from the 153rd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Press Sentinel which is the official organ of
Wayne County, on the following dates: February 2,9,16,1983.
3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Roger Byrd
Representative,
153rd District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
FANNIN COUNTY CORONER COMPENSATION.
No. 128 (House Bill No. 810).
AN ACT
To amend an Act providing an annual salary for the coroner of
Fannin County, approved April 6,1981 (Ga. L. 1981, p. 4106), 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 providing an annual salary for the coroner of
Fannin County, approved April 6, 1981 (Ga. L. 1981, p. 4106), 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 coroner of Fannin County is placed on a salary
basis in lieu of a fee basis for all of his services and shall be
GEORGIA LAWS 1983 SESSION
3937
compensated in the amount of $3,600.00 per annum to be paid in
equal monthly installments from the funds of Fannin County. Such
salary shall be in lieu of all fees, costs, commissions, allowances,
moneys, and all other emoluments and perquisites of whatever kind
previously allowed the coroner, and they shall become the property of
Fannin County and shall be paid to the fiscal officer of the county on
or before the fifteenth day of each month for the preceding month.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
relating to the coroner of Fannin County, approved April 6,1981 (Ga.
L. 1981, p. 4106); and for other purposes.
This 27th day of January, 1983.
Affidavit of Publication.
Georgia, Fannin County.
I, Lonnie Britt do solemnly swear that I am the Publisher of the
Blue Ridge Summit Post, printed and published at Blue Ridge, in the
state of Georgia, and that from my personal knowledge and reference
to files of said publication the advertisement of Notice to introduce
local legislation-bill relating to the coroner of Fannin County was
inserted in the Blue Ridge Summit Post in space of Legal Notices on
dates as follows: Jan. 28,1983; Feb. 4,1983 and Feb. 11,1983.
3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Lonnie Britt
Subscribed and sworn to before me,
this 16 day of February, 1983.
/s/ Phyllis Ross
Notary Public
My Commission Expires 1/22/85.
(Seal).
Approved March 14, 1983.
FANNIN COUNTY CHAIRMAN AND MEMBERS OF
BOARD OF COMMISSIONERS COMPENSATION.
No. 129 (House Bill No. 809).
AN ACT
To amend an Act providing for a Board of Commissioners of
Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as
amended, particularly by an Act approved March 25, 1980 (Ga. L.
1980, p. 3809), so as to change the provisions relating to the compen-
sation 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 providing for a Board of Commissioners of
Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as
amended, particularly by an Act approved March 25, 1980 (Ga. L.
1980, p. 3809), is amended by striking subsection (a) of Section 6 in its
entirety and substituting in lieu thereof a new subsection (a) to read
as follows:
GEORGIA LAWS 1983 SESSION
3939
(a) (1) The Chairman of the Board of Commissioners shall
receive an annual salary which at all times shall be the same as the
annual salary of the sheriff of Fannin County plus $500.00 per
annum.
(2) Each member of the board, other than the Chairman
shall receive an annual salary of $3,600.00.
(3) The compensation of the Chairman and members of the
board shall be paid in equal monthly installments from the funds
of Fannin County. Except as otherwise provided by subsection (b)
of this Section, the salaries provided for by this subsection shall
constitute the entire compensation from the funds of Fannin
County to which the Chairman and other members of the Board of
Commissioners shall be entitled. The Chairman and other com-
missioners shall not be entitled to any additional compensation
for serving on any other public boards or public authorities by
virtue of their 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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
providing for a Board of Commissioners of Fannin County, approved
August 10, 1920 (Ga. L. 1920, p. 519), as amended; and for other
purposes.
This 2nd day of February, 1983.
3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton Colwell, who, on oath,
deposes and says that he is Representative from the 4th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Blue-Ridge Summit-Post which is
the official organ of Fannin County, on the following dates: February
4,11,18,1983.
/s/ Carlton Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
BUTTS COUNTY MEMBERS OF BOARD OF
EDUCATION PROCEDURE FOR SELECTION.
No. 130 (House Bill No. 799).
AN ACT
To amend an Act to provide that the grand jury selecting members
of the county board of education of Butts County shall be authorized
GEORGIA LAWS 1983 SESSION
3941
to select two members from certain militia districts, approved April
10, 1971 (Ga. L. 1971, p. 3762), as amended by an Act approved
March 13,1978 (Ga. L. 1978, p. 3368), so as to provide an additional
procedure to be used in the selection of members of the county board
of education; to provide for advertisement of procedure for selection
of members of the board; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide that the grand jury selecting
members of the county board of education of Butts County shall be
authorized to select two members from certain militia districts,
approved April 10,1971 (Ga. L. 1971, p. 3762), as amended by an Act
approved March 13, 1978 (Ga. L. 1978, p. 3368), 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. (a) The grand jury of Butts County shall be autho-
rized to select the members of the board of education of Butts County
from the county at large.
(b) The grand jury of the November term of the Superior Court
of Butts County immediately preceding the expiration of the term of
the member of the county board of education shall compile a list of
three candidates from which the grand jury of the February term
shall select a new member to succeed the member whose term is
expiring. The clerk of the Superior Court of Butts County shall, 30
days prior to the November term of court immediately preceding the
expiration of the term of a member of the county board of education,
place a conspicuous advertisement once a week for two weeks in a
newspaper of general circulation in the county, the cost of which
advertisement shall be borne by the county board of education,
stating that persons who meet the legal requirements for membership
on the county board of education may apply to the grand jury of the
November term to be considered for inclusion on the list of candi-
dates to be submitted to the grand jury of the February term.
(c) The provisions of subsection (b) of this section shall not
change the manner of appointment or the term of office of members
of the county board of education. The provisions of subsection (b) of
3942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
this section are solely to provide an additional procedure to be used in
the selection of candidates for appointment to the county board of
education.
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 1983
session of the general assembly of Georgia, a bill to provide proce-
dures to be followed by the grand jury of Butts County in appointing
members of the Butts County Board of Education; to provide for
related matters; to repeal conflicting laws; and further purposes.
This the 24th day of January, 1983.
Bill Jones
Representative,
78th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Jones, who, on oath, deposes and
says that he is Representative from the 78th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Jackson Progress-Argus which is the official
organ of Butts County, on the following dates: January 26, February
2,9,1983.
/s/ Bill Jones
Representative,
78th District
GEORGIA LAWS 1983 SESSION
3943
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
BARROW COUNTY BOARD OF COMMISSIONERS
AUTHORITY TO ASSESS AND COLLECT LICENSE
FEES AND TAXES.
No. 131 (House Bill No. 798).
AN ACT
To provide that the board of commissioners of Barrow County
shall have the right and power to assess and collect license fees and
taxes from all persons, firms, and corporations doing business in the
unincorporated areas of Barrow County; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The board of commissioners of Barrow County,
Georgia, as the governing authority of said county, is authorized and
empowered to levy, assess, and collect license fees and taxes from all
persons, firms, and corporations doing business in the unincorporated
areas of said county, except those businesses regulated by the Public
Service Commission and those corporations organized under Chapter
3 of Title 46 of the O.C.G.A. The governing authority is further
authorized and empowered to classify all such businesses and busi-
ness enterprises and to assess different fees and taxes against differ-
3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ent classes of business being conducted in the unincorporated areas of
said county; and, in order to provide for the public welfare, health,
and security of the people of Barrow County. The governing author-
ity is further authorized and empowered to regulate and exercise
police powers over any businesses operated or conducted within the
unincorporated areas of said county, except those businesses regu-
lated by the Public Service Commission and those corporations
organized under Chapter 3 of Title 46 of the O.C.G. A. The governing
authority is further authorized and empowered to prescribe and
enforce such rules and regulations as may be necessary to effectuate
the powers herein granted. Violation of any such regulations adopted
by said governing authority of Barrow County shall constitute a
misdemeanor punishable upon conviction thereof as prescribed by
the general laws of the State of Georgia.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Legislation.
A bill to authorize the governing authority of Barrow County to
levy and collect business and occupational licenses, taxes and license
fees in the unincorporated area of Barrow County and for other
purposes is intended for introduction in the General Assembly at its
1983 Session.
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 is Representative from the 64th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Winder News which is the official organ of
Barrow County, on the following dates: February 2,9,16,1983.
/s/ John Russell
Representative,
64th District
GEORGIA LAWS 1983 SESSION
3945
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
BARROW COUNTY SUPPLEMENTAL COMPENSATION
FOR JUDGE OF SUPERIOR COURT.
No. 132 (House Bill No. 797).
AN ACT
To authorize the governing authority of Barrow County to provide
for supplemental compensation for the judge of the superior court in
the Piedmont Judicial Circuit; 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. (a) The governing authority of Barrow County, which
county is within the Piedmont Judicial Circuit, is authorized to
supplement the compensation of each superior court judge of the
Piedmont Judicial Circuit in an amount to be determined within the
discretion of the governing authority. Any such supplement shall be
paid in monthly installments from the funds of Barrow County.
(b) Any supplement authorized by this Act shall be in addition
to the compensation, expenses, and allowances being received by the
superior court judge in the Piedmont Judicial Circuit from the State
3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Georgia or any other source. Any supplement is made and declared
to be part of the expenses of the courts, and the power to levy a tax to
pay the same or to otherwise provide to pay the same is delegated to
the governing authority of said county.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
There will be legislation introduced in the 1983 session of the
General Assembly of Georgia for the purpose of enabling Barrow
County to supplement the salary of the Superior Court Judge of
Barrow County for acting as Juvenile Court Judge.
/s/ Anne J. Segars
Chairman,
Barrow County Board
of Commissioners
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 is Representative from the 64th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Winder News which is the official organ of
Barrow County, on the following dates: February 2,9,16,1983.
/s/ John Russell
Representative,
64th District
GEORGIA LAWS 1983 SESSION
3947
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
COUNTY COMMISSIONER OF HARALSON COUNTY ^
COMPENSATION.
No. 133 (House Bill No. 795).
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 March 31, 1982 (Ga. L.
1982, p. 3700), 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 March 31, 1982 (Ga. L.
1982, p. 3700), is amended by striking from subsection a. of Section 13
the following:
twenty-eight thousand dollars ($28,000.00),
3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof the following:
thirty thousand dollars ($30,000.00),
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 thirty thousand dollars ($30,000.00)
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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to change the
compensation of the County Commissioner of Haralson County; and
for other purposes.
This 10th day of January, 1983.
/s/ Jim F. Smith
Affidavit.
Georgia, Haralson County.
To Whom It May Concern:
GEORGIA LAWS 1983 SESSION
3949
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 6,13,20, and 27th, 1983.
Sworn to on the 21st day
of February, 1983.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me,
on this 21st day of February, 1983.
/s/ Lisa Y. Mayes
Notary Public, Georgia State at Large.
My Commission Expires June 3, 1985.
(Seal).
Approved March 14, 1983.
CITY OF LEARY CORPORATE LIMITS CHANGED.
No. 134 (House Bill No. 794).
AN ACT
To amend an Act providing a new charter for the City of Leary in
Calhoun County, approved April 17,1975 (Ga. L. 1975, p. 4401), so as
to change the corporate limits of the city; to repeal conflicting laws;
and for other purposes.
3950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Leary
in Calhoun County, approved April 17,1975 (Ga. L. 1975, p. 4401), is
amended by adding to Section 1.11 a new subsection (c) to read as
follows:
(c) On and after the effective date of this subsection the
boundaries of the city are extended in every direction from the center
of the city an additional distance of one quarter of a mile.
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 in the regular
1983 session of the General Assembly of Georgia, a bill to amend the
City Charter of Leary and for other purposes.
By: Gerald C. Dean
Mayor
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 is Representative from the 131st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Calhoun Courier which is the official organ
of Calhoun County, on the following dates: February 2,7,14,1983.
/s/ Bob Hanner
Representative,
131st District
GEORGIA LAWS 1983 SESSION
3951
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
THOMASTON-UPSON COUNTY OFFICE BUILDING
AUTHORITY POWERS DEFINED.
No. 135 (House Bill No. 793).
AN ACT
To further define, prescribe, and enlarge the powers of the
Thomaston-Upson County Office Building Authority; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Thomaston-Upson County Office Building
Authority, which was created by an amendment to Article VII,
Section VI, Paragraph I of the Constitution of the State of Georgia of
1945, which amendment is contained in Ga. L. 1964, Ex. Sess., p. 338,
and which was continued in force and effect by the Constitution of the
State of Georgia of 1976, shall have the following powers, to wit:
To acquire in its own name by lease, gift, purchase, or otherwise
all and any types of personal property, and without limiting the
generality of the above, specifically including motor vehicles, furni-
ture or furnishings, office equipment, computers, and any other types
of personal property which might be used or useful, in any manner, by
3952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any governmental body or by any department thereof, upon such
terms and conditions and in such manner as it may deem necessary
and proper, with no limitation as to the term or economic life thereof,
and to sell, donate, give, rent, lease, or sublease any such personal
property to the City of Thomaston, Upson County, and all other
divisions, departments, institutions, agencies, counties, or political
subdivisions of the State of Georgia or the United States of America,
under and for such terms and conditions and in such manner as it, in
its sole discretion, deems necessary and expedient. Further, the
Thomaston-Upson County Office Building Authority shall have the
absolute power, right, and authority to sell, transfer, convey, assign,
and create a security interest in any lease, rental, or sublease agree-
ment entered into by said authority, for any and all purposes whatso-
ever, upon such terms and conditions as it may deem necessary and
proper, and without limiting the generality of the foregoing, specifi-
cally including assignments made to secure the payment of any
indebtedness created or incurred by the authority to finance the
purchase, lease, or other acquisition of property acquired by the
authority by virtue of the powers possessed by it.
Section 2. This Act is enacted pursuant to the authority vested
in the General Assembly of Georgia by virtue of Paragraph DD. of
that certain amendment to Article VII, Section VI, Paragraph I of the
Constitution of the State of Georgia of 1945, which amendment is
contained in Ga. L. 1964, Ex. Sess., p. 338, and which amendment was
continued in force and effect by the Constitution of the State of
Georgia of 1976.
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 the undersigned intends to apply for
the passage of a bill of local application in the 1983 Session of the
General Assembly of Georgia, the same being an Act to further define,
prescribe and enlarge the powers of the Thomaston-Upson County
Office Building Authority, as authorized by Ga. L. 1964, Ex. Sess. pp.
538, et seq.; and to repeal conflicting laws.
GEORGIA LAWS 1983 SESSION
3953
This 1st day of February, 1983.
/s/ Marvin Adams
Representative,
79th District
Georgia, Fulton County.
Personally appeared before me, the undersigned officer autho-
rized to administer oaths, Marvin Adams, author of the foregoing
legislation, who, on oath, deposes and says that he is the Representa-
tive from the 79th House District of Georgia, and that the above and
foregoing copy of Notice of Intention to Introduce Local Legislation
was published in The Thomaston Times, the official organ of Upson
County, Georgia, on February 2,9, and 16,1983.
/s/ Marvin Adams
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires, January 4, 1985.
(Seal).
Approved March 14, 1983.
3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFT COUNTY BOARD OF COMMISSIONERS
AUTHORITY TO FIX SALARY OF CHAIRMAN.
No. 136 (House Bill No. 515).
AN ACT
To amend an Act creating a board of commissioners of Tift
County, approved August 9,1917 (Ga. L. 1917, p. 396), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4088),
so as to authorize the board of commissioners of Tift County to fix the
salary of the chairman of the board of commissioners of Tift County;
to provide for a minimum limit; to provide the procedures connected
therewith; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Tift
County, approved August 9,1917 (Ga. L. 1917, p. 396), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4088),
is amended by striking subsection (b) of Section 4 in its entirety and
inserting in lieu thereof a new subsection (b) of Section 4 to read as
follows:
(b) The chairman of the board of commissioners shall receive
an annual salary of not less than $22,000.00, the exact amount to be
determined by the board of commissioners of Tift County, payable in
equal monthly installments out of the funds of Tift County. The
board of commissioners shall fix the salary of the chairman in April,
1983, for the remainder of 1983 and at their regular meeting in
December in 1983 for the calendar year 1984 and at their regular
meeting in December of each year thereafter for the succeeding
calendar year.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
GEORGIA LAWS 1983 SESSION
3955
Legislation will be introduced in the regular 1983 session of the
General Assembly of Georgia to amend an Act creating a board of
commissioners of Tift County, approved August 9, 1917 (Ga. Laws
1917, p. 396), as amended, and for other purposes.
Reinhardt, Whitley
and Rogers, P. C.
Attorneys for
Tift County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Henry W. Bostick, who, on oath,
deposes and says that he is Representative from the 138th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Daily Tifton Gazette which is the
official organ of Tift County, on the following dates: January 15, 22,
29,1983.
/s/ Henry W. Bostick
Representative,
138th District
Sworn to and subscribed before me,
this 8th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFY COUNTY BOARD OF COMMISSIONERS
AUTHORITY TO FIX SALARY OF TAX COMMISSIONER.
No. 137 (House Bill No. 514).
AN ACT
To amend an Act placing the tax commissioner of Tift County
upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p.
2705), as amended, particularly by an Act approved April 6, 1981
(Ga. L. 1981, p. 4084), so as to authorize the board of commissioners
of Tift County to fix the salary of the tax commissioner of Tift
County; to provide for minimum limits; to provide the procedures
connected therewith; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the tax commissioner of Tift County
upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p.
2705), as amended, particularly by an Act approved April 6, 1981
(Ga. L. 1981, p. 4084), 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 tax commissioner shall receive an annual salary
of not less than $17,765.00, the exact amount to be determined by the
board of commissioners of Tift County, payable in equal monthly
installments out of the funds of Tift County. The board of commis-
sioners shall fix the salary of the tax commissioner in April, 1983, for
the remainder of 1983, and at their regular meeting in December of
1983 for the calendar year 1984, and at their regular meeting in
December of each year thereafter for the succeeding calendar year.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Legislation will be introduced in the regular 1983 session of the
General Assembly of Georgia to amend an Act providing for an
GEORGIA LAWS 1983 SESSION
3957
annual salary for the Tax Commissioner of Tift County, approved
March 27, 1965 (Ga. Laws 1965, p. 2705), as amended, and for other
purposes.
Reinhardt, Whitley
and Rogers, P. C.
Attorneys for
Tift County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Henry Bostick, 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 Daily Tifton Gazette which is the
official organ of Tift County, on the following dates: January 15, 22,
and 29,1983.
/s/ Henry Bostick
Representative,
138th District
Sworn to and subscribed before me,
this 8th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HENRY COUNTY BOARD OF COMMISSIONERS
COMPENSATION.
No. 138 (House Bill No. 506).
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 April 11,1979 (Ga. L. 1979,
p. 4186), so as to change the compensation of the members of the
board of commissioners; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act 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 April 11,1979 (Ga. L. 1979,
p. 4186), is amended by striking Section 5, which reads as follows:
Section 5. The Chairman of the Board shall receive an annual
salary of $3,920.00 or an amount equal to 20% of the annual salary
now or hereafter provided by general or local law for the Sheriff of
Henry County, whichever is greater. The Vice-Chairman of the
Board shall receive an annual salary of $3,430.00 or an amount equal
to 17 1/2% of the annual salary now or hereafter provided by general
or local law for the Sheriff of Henry County, whichever is greater.
The other members of the Board shall receive an annual salary of
$2,940.00 or an amount equal to 15% of the annual salary now or
hereafter provided by general or local law for the Sheriff of Henry
County, whichever is greater. Said salary shall be payable in equal
monthly installments out of the general funds of Henry County. The
Chairman and each other member of the Board shall also receive an
expense allowances for in-county travel, of $1,200.00 per annum,
payable in equal monthly installments out of the funds of Henry
County.
and inserting in its place a new Section 5 to read as follows:
Section 5. The chairman of the board shall receive an annual
salary in an amount equal to 23 percent of the annual salary now or
GEORGIA LAWS 1983 SESSION
3959
hereafter provided by general law for the sheriff of Henry County.
The vice-chairman of the board shall receive an annual sadary in an
amount equal to 20.5 percent of the amnual salary now or hereafter
provided by generad law for the sheriff of Henry County. The other
members of the board shall receive an annual salairy in an amount
equal to 18 percent of the annual salary now or hereafter provided by
general law for the sheriff of Henry County. Said sadary shall be
payable in equal monthly installments out of the general funds of
Henry County. The chairman and each other member of the board
shall also receive an expense allowance for in-county travel, of
$2,400.00 per annum, payable in equal monthly installments out of
the funds of Henry County.
Section 2. This Act shall become effective July 1,1983.
Section 3. All laws and pairts 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 1983
session of the General Assembly of Georgia, a bill to provide for the
compensation of the Sheriff, Clerk of Superior Court, Probate Judge,
Tax Commissioner, and County Commissioners of Henry County;
and for other purposes.
This 13 day of January, 1983.
Philip T. Keen
Attorney for
Henry County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wesley Dunn, who, on oath, deposes
and says that he is Representative from the 73rd District, and that the
3960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 19, 26, and February
2,1983.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
WORTH COUNTY SMALL CLAIMS COURT
JURISDICTIONAL AMOUNT, ETC.
No. 139 (House Bill No. 452).
AN ACT
To amend an Act creating the Small Claims Court of Worth
County, approved April 6,1981 (Ga. L. 1981, p. 3886), so as to change
the jurisdictional amount of the court; to provide that the judge shall
serve at the pleasure of the grand jury; to change the amount of
certain fees and costs; to provide for related matters; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
3961
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Small Claims Court of Worth
County, approved April 6,1981 (Ga. L. 1981, p. 3886), is amended by
striking from Section 1 the figure:
$750.00,
and inserting in its place the figure:
$1,500.00,
so that when so amended Section 1 shall read as follows:
Section 1. There is hereby created and established a Small
Claims Court of Worth County. Such court shall have civil jurisdic-
tion in cases at law in which the demand or value of the property
involved does not exceed $1,500.00, said jurisdiction to be concurrent
with the jurisdiction of any other court or courts now or hereafter
established in Worth County. Said jurisdiction shall include the
power to issue writs of garnishment and attachment, and in addition
to the powers herein specifically granted shall include like powers
granted to justices of the peace by the laws of the State of Georgia.
Section 2. Said Act is further amended by striking Section 2
which reads as follows:
Section 2. The grand jury in Worth County shall appoint a
citizen of Worth County to be judge of the small claims court for a
term of four years and until his successor is appointed and qualified.
All vacancies in the office of the judge shall be filled by appointment
of a successor by the grand jury, and such successor shall serve for the
remainder of the unexpired term.,
and inserting in its place a new Section 2 to read as follows:
Section 2. The grand jury of Worth County shall appoint a
citizen of Worth County to serve as judge of the court. The judge shall
serve at the pleasure of the grand jury; and future judges shall also be
selected by and serve at the pleasure of the grand jury.
Section 3. Said Act is further amended by striking Section 5
which reads as follows:
3962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. All fees collected by the judge as herein authorized,
shall be retained by him as his sole remuneration.,
and inserting in its place a new Section 5 to read as follows:
Section 5. (a) The salary of the judge shall be fixed as provided
by general law.
(b) All fees, costs, and other moneys collected by the court shall
be accounted for and paid to the county treasury not less often than
once a month and shall become county funds.
Section 4. Said Act is further amended by striking from Section
8 the following amounts:
five dollars ($5.00),
and
$7.50,
and inserting in their respective places the amounts:
$15.00,
and
$10.00,
so that when so amended Section 8 shall read as follows:
Section 8. 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 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.
GEORGIA LAWS 1983 SESSION
3963
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
1983 session of the General Assembly of Georgia, a bill to amend
House Bill Number 757 of the 1981 session of the General Assembly,
concerning the creation of the Small Claims Court of Worth County,
Georgia; to increase the jurisdiction of said court; to amend the term
of the Judge of said court; to amend the filing fees and costs of said
court; to provide for other matters relative thereto; and for other
purposes.
This 5th day of January, 1983.
Earleen Sizemore
Representative,
District 136
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Earleen Sizemore, who, on oath,
deposes and says that he 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: January 6, 13, 20,
1983.
/s/ Earleen Sizemore
Representative,
136th District
3964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 2nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
JEFFERSON COUNTY OFFICE OF TREASURER
ABOLISHED, ETC.
No. 141 (House Bill No. 312).
AN ACT
To abolish the office of treasurer of Jefferson County; to provide
for the designation of a person or depository to perform the duties of
treasurer; to create the office of treasurer emeritus of Jefferson
County and provide for the qualifications, duties, and retirement
contributions and benefits of said office; to provide for related
matters; to repeal a specific Act; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The office of treasurer of Jefferson County is abol-
ished. The governing authority of the county shall be authorized to
designate a person or one or more depositories or both to perform the
duties of the treasurer and to receive all funds previously received by
the treasurer and disburse the same as provided by law for the
disbursement of funds by county treasurers.
GEORGIA LAWS 1983 SESSION
3965
Section 2. (a) There is created the office of treasurer emeritus of
Jefferson County. Any treasurer of Jefferson County who has served
in such office for 20 years or more and who has on and after July 1,
1983, made the employee contributions required by Section 3 of this
Act shall upon ceasing to hold that office become eligible as a matter
of right to assume the office of treasurer emeritus of Jefferson
County. Any person eligible to assume the office of treasurer
emeritus shall exercise this right by giving written notice to the
governing authority of the county that he will assume the office on the
first day of the month following the month in which notice is given. A
treasurer emeritus shall serve until he resigns the office in writing to
the governing authority.
(b) A treasurer emeritus shall as a condition of receiving the
retirement benefit granted by subsection (c) of this section make
himself available to advise and consult with the county governing
authority concerning the fiscal affairs of the county.
(c) A treasurer emeritus shall receive an annual retirement
benefit of $1,200.00, payable in equal monthly installments from
county funds.
Section 3. As a condition of the treasurer becoming eligible to
the office of treasurer emeritus, there shall be withheld from the
compensation of the treasurer of Jefferson County on and after July
1,1983, an employee contribution of $5.00 per month. The amount so
withheld shall be held in the general fund of the county.
Section 4. An Act creating the office of treasurer of Jefferson
County, approved August 19,1927 (Ga. L. 1927, p. 616), as amended,
is repealed in its entirety.
Section 5. There shall be no election for treasurer of Jefferson
County after the effective date of this section.
Section 6. (a) Sections 3 and 5 of this Act shall become effective
upon approval of this Act by the Governor or upon its becoming law
without his approval.
(b) Except as provided in subsection (a) of this section this Act
shall become effective on January 1, 1985, unless there occurs a
vacancy in the office of treasurer of Jefferson County prior to January
1,1985, in which event this Act shall become effective on the date of
the vacancy.
3966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
1983 session of the General Assembly of Georgia a bill to abolish the
office of Treasurer of Jefferson County, to designate a person to serve
as Treasurer Emeritus, to set compensation for such designee and for
other purposes.
This 7th day of December, 1982.
E. E. Bargeron
Representative,
108th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Emory E. Bargeron, who, on oath,
deposes and says that he is Representative from the 108th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the News and Farmer and Wadley
Herald which is the official organ of Jefferson County, on the follow-
ing dates: December 16,23,30,1982.
/s/ Emory E. Bargeron
Representative,
108th District
GEORGIA LAWS 1983 SESSION
3967
Sworn to and subscribed before me,
this 19th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
MACON-BIBB COUNTY WATER AND SEWERAGE
AUTHORITY EMPLOYEES PENSION PLAN
AMENDED.
No. 142 (House Bill No. 301).
AN ACT
To amend an Act entitled Macon-Water Commissioners Pension
Plan approved December 30, 1953 (Ga. L. 1953, November-
December Session, p. 2831, Et. Seq.), as amended, by an Act entitled
Board of Water Commissioners Retirement System Amended (Ga.
L. 1964, p. 2695, Et. Seq.), as amended by an Act entitled Board of
Water Commissioners Retirement System Amended (Ga. L. 1970, p.
2324, Et. Seq.), as amended by an ordinance of the City of Macon,
Georgia entitled City of Macon-Charter Amended-Water Commis-
sioners Pension Plan Amended, approved May 22,1973, passed and
approved pursuant to the authority of the Municipal Home Rule Act
of 1965 (Ga. L. 1965, p. 298, Et. Seq.), as amended by an Act entitled
Macon-Bibb County Water and Sewerage Act Amended (Ga. L.
1981, p. 3465, Et. Seq.); and as amended by an Act entitled Macon-
Bibb County Water & Sewerage Authority Employees Pension Plan-
Amended, approved April 12,1982 (Ga. L. 1982, p. 4157, Et. Seq.); to
repeal subsection (a) of Section 2, entitled Definitions of said
pension plan so as to redefine the definition of the word Board and
3968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the phrases Board of Water Commissioners and The Board of
Water Commissioners of the City of Macon and to define the
meaning of the word Authority and the phrase Macon-Bibb
County Water & Sewerage Authority; to provide that the Chief
Judge of the Macon Judicial Circuit, rather than the Mayor of the
City of Macon, shall cast the deciding vote in case of an equal division
of opinion in the Pension Board; 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. Subparagraph (a) of Section 2 of an Act entitled
Macon-Water Commissioners Pension Plan approved December
30, 1953 (Ga. L. 1953-November-December Session, Page 2831, et
seq.) which provides:
(a). Board, Board of Water Commissioners and The Board
of Water Commissioners of the City of Macon shall mean the
instrumentality of the City of Macon heretofore created by the
Georgia Legislature (Ga. L. 1914, page 1014), its successors and
assigns, be and the same is hereby repealed and the following
Section (a) is enacted in lieu and instead thereof:
(a) Authority and Macon-Bibb County Water & Sewerage
Authority shall mean the legal entity created by the Georgia Legisla-
ture (Ga. L. 1966, page 2737 and Ga. L. 1973, p. 2603), as Amended.
Board Board of Water Commissioners and Board of Water
Commissioners of the City of Macon as to matters, circumstances
and conditions existing prior to May 7, 1974 shall mean the instru-
mentality of the City of Macon created by the Georgia Legislature
(Ga. L. 1914, p. 1014) and as to matters, circumstances and conditions
existing on and after May 7, 1974, shall mean the Authority, its
successors and assigns.
Section 2. So much of Section 7 of said Pension Plan as provides:
in the event of equal division of opinion in the Pension Board to
whom the appeal is addressed, the Mayor of the City of Macon shall
be consulted and shall cast the deciding vote be and the same is
hereby repealed and the following is enacted in lieu thereof:
In the event of equal division of opinion in the Pension Board to
whom the appeal is addressed, the Chief Judge of the Macon Judicial
GEORGIA LAWS 1983 SESSION
3969
Circuit, or his designee shall be consulted and shall cast the deciding
vote.
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 Enact Local Legislation.
Pursuant to the provisions of Article 3, Section 7, paragraph 15 of
the constitution of the State of Georgia, notice is hereby given that
application will be made to the 1983 session of the General Assembly
of the State of Georgia 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 other Acts of the legislature of the State of Georgia
including an Act entitled Macon-Bibb County Water and Sewerage
Act Amended (Georgia Laws 1981, page 3464 et seq.) which changed
the name of the Pension Plan to Macon-Bibb County Water and
Sewerage Authority Employees Pension Plan, so as to clarify the
definition and meaning of the word Board and the phrase Board
of Water Commissioners and the additional phrase The Board of
Water Commissioners of the City of Macon as the same is used in
said Pension Plan Act to establish that said word and phrases as to
matters, circumstances and conditions existing prior to May 7, 1974
shall mean the instrumentality of the City of Macon created by an Act
of the Legislature, Georgia Laws 1914, page 1014 et seq. and as to
matters, circumstances and conditions existing on and after May 7,
1974, such words and phrases shall mean the Macon-Bibb County
Water and Sewerage Authority; and further to provide and establish
that the word Authority as used in said Pension Act shall mean the
legal entity created by the Georgia Legislature, Georgia Laws 1966,
page 2737 and Georgia Laws 1973, page 2603 as amended; to provide
that a Judge of the Superior Court of the Macon Circuit shall cast the
deciding ballot, instead of the Mayor of the City of Macon, as said
Pension Act now provides, in the event of a tie vote between the
Authority members and the employee members of the Pension Board
of said Pension Act; to provide for other matters relative to all of the
foregoing; and to provide for an effective date; to repeal conflicting
laws, and for other purposes.
3970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 13th day of December, 1982.
/s/ Wallace Miller, Jr.
Attorney for Macon-Bibb
County Water & Sewerage
Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Denmark Groover, Jr. who, on oath,
deposes and says that he is Representative from the 99th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Macon News which is the official
organ of Bibb County, on the following dates: December 23, 30,1982
and January 6,1983.
/s/ Denmark Groover, Jr.
Representative,
99th District
Sworn to and subscribed before me,
this 20th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
3971
HEARD COUNTY PROBATE JUDGE COMPENSATION.
No. 143 (House Bill No. 264).
AN ACT
To amend an Act placing the judge of the probate court of Heard
County on an annual salary in lieu of a fee system of compensation,
approved March 29,1973 (Ga. L. 1973, p. 2452), as amended, particu-
larly by an Act approved March 24,1981 (Ga. L. 1981, p. 3174), so as
to change the compensation of the judge of the probate court of Heard
County; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the judge of the probate court of
Heard County on an annual salary in lieu of a fee system of compensa-
tion, approved March 29, 1973 (Ga. L. 1973, p. 2452), as amended,
particularly by an Act approved March 24,1981 (Ga. L. 1981, p. 3174),
is amended by striking Section 2 which reads as follows:
Section 2. The judge of the probate court shall receive an
annual salary of $12,850 and, in addition thereto, shall receive $50 per
month for holding and conducting elections and $100 per month for
handling traffic cases. The compensation of the judge of the probate
court shall be payable in equal monthly installments from county
funds.,
in its entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. The judge of the probate court shall receive an
annual salary of $17,850.00 and, in addition thereto, shall receive
$100.00 per month for holding and conducting elections and $150.00
per month for handling traffic cases. The compensation of the judge
of the probate court shall be payable in equal monthly installments
from county funds.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia, a bill to change the
compensation of the Judge of the Probate Court of Heard County,
Georgia; to provide for other matters relative thereto; and for other
purposes.
This 14th day of December, 1982.
/s/ Barbara Rivers
Clerk of Commissioner
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who, being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on December 22, 1982,
December 29, 1982 and January 5, 1983, to-wit: being three publi-
cations of said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
GEORGIA LAWS 1983 SESSION
3973
Sworn to and subscribed before me,
this 10th day of January, 1983.
/s/ Mildred C. Chambers
Notary Public, Georgia State at Large.
My Commission Expires 11-5-84.
(Seal).
Approved March 14, 1983.
HEARD COUNTY TAX COMMISSIONER
COMPENSATION.
No. 144 (House Bill No. 263).
AN ACT
To amend an Act consolidating the offices and duties of tax
receiver and tax collector of Heard County into the single office of tax
commissioner of Heard County, approved April 17,1929 (Ga. L. 1929,
p. 638), as amended, particularly by an Act approved March 24,1981
(Ga. L. 1981, p. 3177), so as to change the compensation of the tax
commissioner; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices and duties of tax
receiver and tax collector of Heard County into the single office of tax
commissioner of Heard County, approved April 17,1929 (Ga. L. 1929,
p. 638), as amended, particularly by an Act approved March 24,1981
(Ga. L. 1981, p. 3177), is amended by striking subsection (a) of
Section 10 in its entirety and inserting in lieu thereof a new subsec-
tion (a) of Section 10 to read as follows:
3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) The tax commissioner shall receive an annual salary of
$19,200.00, payable in equal monthly installments from the funds of
Heard County. Except as otherwise provided in subsection (c), any
clerical personnel which may be necessary for the tax commissioner to
perform the duties of his office shall be paid by the tax commissioner
out of his annual salary.
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
1983 Session of the General Assembly of Georgia, a bill to change the
compensation of the Tax Commissioner of Heard County, Georgia; to
provide for other matters relative thereto; and for other purposes.
This 14th day of December, 1982.
/s/ Barbara Rivers
Clerk of Commissioner
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on December 22, 1982,
GEORGIA LAWS 1983 SESSION
3975
December 29, 1982 and January 5, 1983, to-wit: being three publi-
cations of said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
Sworn to and subscribed before me,
this 10th day of January, 1983.
/s/ Mildred C. Chambers
Notary Public, Georgia State at Large.
My Commission Expires 11-5-84.
(Seal).
Approved March 14, 1983.
HEARD COUNTY SHERIFF COMPENSATION.
No. 145 (House Bill No. 262).
AN ACT
To amend an Act placing the sheriff of Heard County on an annual
salary in lieu of the fee system of compensation, approved February 9,
1965 (Ga. L. 1965, p. 2020), as amended, particularly by an Act
approved March 24, 1981 (Ga. L. 1981, p. 3181), so as to change the
compensation of the sheriff; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Heard County on an
annual salary in lieu of the fee system of compensation, approved
February 9,1965 (Ga. L. 1965, p. 2020), as amended, particularly by
3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act approved March 24,1981 (Ga. L. 1981, p. 3181), 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 present method of compensation for the sheriff
of Heard County, Georgia, is hereby changed from the fee system to
the salary system, and the sheriff of Heard County shall hereafter be
paid on a salary basis. The sheriff shall be compensated in the amount
of $22,100.00 per annum, to be paid in equal monthly installments at
the end of each calendar month from the funds of Heard County.
Such compensation shall be in lieu of all fees, costs, fines, forfeitures,
commissions, insolvent costs, allowances, penalties, funds, moneys,
and all other emoluments and perquisites of whatever kind which
shall be allowed the sheriff of Heard County after the effective date of
this Act, and said salary shall also include all fees, costs, fines,
forfeitures, commissions, insolvent costs, allowances, penalties,
funds, moneys, and all other emoluments or perquisites of whatever
kind which shall be allowed said sheriff in his official capacity or as an
official or agent for any court, department, or official of Heard
County or for any department or official of the State of Georgia.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia, a bill to change the
GEORGIA LAWS 1983 SESSION
3977
compensation of the Sheriff of Heard County, Georgia; to provide for
other matters relative thereto; and for other purposes.
This 14th day of December, 1982.
/s/ Barbara Rivers
Clerk of Commissioner
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on December 22, 1982,
December 29, 1982 and January 5, 1983, to-wit: being three publi-
cations of said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
Sworn to and subscribed before me,
this the 10th day of January, 1983.
/s/ Mildred C. Chambers
Notary Public, Georgia State at Large
My Commission Expires 11-5-84.
(Seal).
Approved March 14, 1983.
3978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HEARD COUNTY CLERK OF SUPERIOR COURT
COMPENSATION.
No. 146 (House Bill No. 261).
AN ACT
To amend an Act placing the clerk of the Superior Court of Heard
County on an annual salary in lieu of the fee system of compensation,
approved March 29,1973 (Ga. L. 1973, p. 2449), as amended, particu-
larly by an Act approved March 24,1981 (Ga. L. 1981, p. 3179), so as
to change the compensation of the clerk of the superior court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the Superior Court of
Heard County on an annual salary in lieu of the fee system of
compensation, approved March 29, 1973 (Ga. L. 1973, p. 2449), as
amended, particularly by an Act approved March 24, 1981 (Ga. L.
1981, p. 3179), 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 shall receive an
annual salary of $19,400.00, payable in equal monthly installments
from county funds.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia, a bill to change the
GEORGIA LAWS 1983 SESSION
3979
compensation of the Clerk of the Superior Court of Heard County,
Georgia; to provide for other matters relative thereto; and for other
purposes.
This 14th day of December, 1982.
/s/ Barbara Rivers
Clerk of Commissioner
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on December 22, 1982,
December 29, 1982 and January 5, 1983, to-wit: being three publi-
cations of said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
Sworn to and subscribed before me,
this 10th day of January, 1983.
/s/ Mildred C. Chambers
Notary Public, Georgia State at Large.
My Commission Expires 11-5-84.
(Seal).
Approved March 14, 1983.
3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HEARD COUNTY COMMISSIONERS COMPENSATION.
No. 147 (House Bill No. 260).
AN ACT
To amend an Act to create the office of commissioner of Heard
County, approved April 17,1975 (Ga. L. 1975, p. 4433), as amended by
an Act approved March 13, 1978 (Ga. L. 1978, p. 3244) and an Act
approved March 24, 1981 (Ga. L. 1981, p. 3184), so as to change the
compensation of the commissioner; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to create the office of commissioner of Heard
County, approved April 17,1975 (Ga. L. 1975, p. 4433), as amended by
an Act approved March 13, 1978 (Ga. L. 1978, p. 3244) and an Act
approved March 24, 1981 (Ga. L. 1981, p. 3184), 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 commissioner shall devote his full time to the
office of commissioner of Heard County, Georgia, and shall faithfully,
honestly, and diligently apply himself to conducting the business and
financial affairs of Heard County for which he shall be compensated
in the amount of $25,000.00 per year, such sum to be paid in equal
monthly installments from the funds of Heard County. A vehicle
belonging to the county shall be furnished to the commissioner, such
vehicle to be used for county governmental purposes only, and the
cost of gas, oil, repairs, and maintenance shall be paid from the funds
of Heard County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
3981
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia, a bill to change the
compensation of the Commissioner of Heard County, Georgia; to
provide for other matters relative thereto; and for other purposes.
This 14th day of December, 1982.
/s/ Barbara Rivers
Clerk of Commissioner
Heard County, Georgia
Georgia, Heard County.
Before me personally appeared B. T. McCutchen, who being duly
sworn deposes and says that he is the publisher of the News and
Banner and that the same is a public gazette published in the City of
Franklin in Heard County, Georgia. It is the newspaper in which the
sheriffs sales of said county are published.
Deponent further says that the following legal advertisement has
been published in said News and Banner on December 22, 1982,
December 29, 1982 and January 5, 1983, to-wit: being three publi-
cations of said notice issued on the dates aforesaid, respectively.
/s/ B. T. McCutchen
Sworn to and subscribed before me,
this 10th day of January, 1983.
/s/ Mildred C. Chambers
Notary Public, State of Georgia.
My Commission Expires 11-5-84.
(Seal).
Approved March 14, 1983.
3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DEKALB COUNTY STATE-WIDE PROBATION
SYSTEM APPROVAL OF COUNTY BECOMING
A PART OF SAME.
No. 148 (House Bill No. 220).
AN ACT
Expressing approval of the DeKalb County probation system
becoming a part of the state-wide probation system; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Act approved April 16,1982 (Ga. L. 1982, p. 1605)
enacted Code Section 42-8-43.1 of the Official Code of Georgia
Annotated, which provides that certain county probation systems
shall become a part of the state-wide probation system at the begin-
ning of the 1984-85 fiscal year and for certain financial support by the
state for such county probation systems for the 1982-83 and 1983-84
fiscal years. Section 2 of said Act approved April 16, 1982 (Ga. L.
1982, p. 1605) requires that a local Act or general law of local
application must be enacted and effective by April 1,1983, expressing
approval of a county probation system becoming a part of the state-
wide probation system as a condition of the effectiveness of said Code
Section 42-8-43.1. This Act is for the specific purpose of expressing
that approval by DeKalb County, and it is specifically declared that
DeKalb County approves its county probation system becoming a
part of the state-wide probation system in accordance with the terms
of Code Section 42-8-43.1 of the Official Code of Georgia Annotated.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
3983
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to express approval
of the DeKalb County probation system becoming a part of the state-
wide probation system; and for other purposes.
This 17th day of December, 1982.
Eleanor L. Richardson
Representative,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Eleanor Richardson, who, on oath,
deposes and says that he is Representative from the 52nd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Decatur-DeKalb News Era which is
the official organ of DeKalb County, on the following dates:
December 23,30,1982 and January 6,1983.
/s/ Eleanor Richardson
Representative,
52nd District
Sworn to and subscribed before me,
this 10th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WILCOX COUNTY SMALL CLAIMS COURT
ESTABLISHED.
No. 149 (House Bill No. 215).
AN ACT
To create and establish a Small Claims Court of Wilcox County; to
prescribe the jurisdiction of said court; to prescribe the pleading and
practice in said court; to provide for the appointment, duties, powers,
compensation, qualifications, substitutions, and tenure of the office
of the judge of said court; to provide for vacancies; to provide for
qualifications of officers of said court; to provide for clerks of and for
said court and for their duties and compensation; to provide for one or
more bailiffs of and for said court and for their duties, oath, bond,
removal, and compensation; to provide for the service of summons of
said court; to provide for liens; to provide for appeals; to provide for
offices, courtrooms, and materials; to provide for the procedure and
practice in garnishments; to provide for the procedure and practice in
issuing of executions; to provide for the filing of claims and pleas of
illegality; to provide the costs of court; to provide for contempt of said
court and the penalty therefor; to provide for validating the acts of
said court and the proceedings therein; to 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 Wilcox County. Said court shall have civil jurisdiction in
cases ex contractu in which the demand or value of the property
involved does not exceed $2,000.00, said jurisdiction to be concurrent
with the jurisdiction of any other court or courts now or hereafter
established in said county. Said jurisdiction shall include the power
to issue writs of garnishment and attachment and, in addition to the
powers specifically granted in this Act, all the powers granted to
justices of the peace by the laws of the State of Georgia.
GEORGIA LAWS 1983 SESSION
3985
Section 2. (a) In order to serve as judge of the small claims court
created by this Act, a person must be a resident of Wilcox County, be
at least 22 years of age, have a high school diploma or its recognized
equivalent, and must be a person of outstanding character and
integrity.
(b) All other officers, now or hereafter provided, appointed to or
employed by said court must be at least 21 years of age and must be
residents of the county.
Section 3. Whenever the judge of the small claims court shall be
unable, from absence, sickness, or other cause, to discharge any duty
whatever appertaining to his office, any judge of the Superior Court of
Wilcox 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 prescribed in this Act 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 authorized in this Act.
Section 5. The judge of the small claims court shall receive an
annual salary in an amount to be determined by the governing
authority of Wilcox County, said salary to be paid in equal monthly
installments from county funds. All fees collected by the judge
pursuant to this Act shall be paid into the county treasury unless
otherwise provided by this Act.
Section 6. (a) Actions shall be commenced by the filing of a
statement of claim, including the last known address of the defend-
ant, in concise form and free from technicalities. The plaintiff or his
agent shall verify the statement of claim by oath or affirmation in the
form provided in this Act, 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 prescribed in this Act, shall be served on
3986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the defendant; and such service shall be sufficient to give the court
jurisdiction in the premises. Service of said notice shall be made only
within the county. Said service shall be made by any official or person
authorized by law to serve process in the superior court, by a duly
qualified bailiff of the small claims court, or by any person not a party
to, or otherwise interested in, the action who is specially appointed by
the judge of said court for that purpose.
(c) When served by a private individual, as provided above, such
individual shall make proof of service by affidavit, showing the time
and place of such service on the defendant.
(d) When served as provided, the actual cost of service shall be
taxable as costs but shall not exceed $5.00. The cost of service shall be
advanced by the party demanding same, in addition to the filing fee
provided in this Act, and shall be taxed as other costs.
(e) Upon the failure of the defendant to appear, the plaintiff
shall be entitled to judgment by default, without further proof, when
the claim of the plaintiff is for a liquidated amount.
(f) Said notice shall include the date, hour, and location of the
hearing, which date shall be not less than ten nor more than 30 days
from the date of the service of said notice.
Section 7. A docket shall be maintained in which every proceed-
ing and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit
the sum of $10.00 with the court, which shall cover all costs of the
proceeding, except the cost of service of the notice. The deposit of
cost in cases of attachment, garnishment, or trover shall be $10.00. If
a party shall fail to pay any accrued cost, the judge shall have the
power to deny said party the right to file any new case while such costs
remain unpaid and, likewise, shall have the power to deny such
litigant the right to proceed further in any pending case. The award
of court costs, as between the parties, shall be in the discretion of the
judge; and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party
claiming personal property that has been attached or levied upon
under an attachment or execution issued from the small claims court,
the levying officer shall forthwith return the same to said court; and
GEORGIA LAWS 1983 SESSION
3987
the issues raised by such claim affidavit shall be heard and deter-
mined by the judge of said small claims court. The judge shall be
entitled to a fee of $10.00 for every such claim case. The same rules of
practice and procedure shall apply as in cases of affidavits of illegal-
ity. All attachment proceedings shall be tried by the judge and
without a jury.
Section 9. (a) The trial shall be conducted on the day set for the
hearing or at such later time as the judge may set. Immediately prior
to the trial of any case, the judge shall make an earnest effort to settle
the controversy by conciliation. If the judge fails to induce the parties
to settle their differences without a trial, he shall proceed with the
hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do
substantial justice between the parties according to the rules of
substantive law. All rules and regulations relating to pleading,
practice, and procedure shall be liberally construed so as to adminis-
ter justice.
(c) If the plaintiff fails to appear, the action may be dismissed
for want of prosecution, the defendant may proceed to a trial on the
merits, or the case may be continued as the judge may direct. If both
parties fail to appear, the judge may continue the case, order the same
dismissed for want of prosecution, or make any other just and proper
disposition thereof, as justice may require.
Section 10. If any defendant has any claim against the plaintiff,
the judge may require a statement of setoff to be filed or same may be
waived. If the plaintiff requires time to prepare his defense against
such claim, the judge may continue the case for such purpose. If any
defendant has any claim against the plaintiff which exceeds the
jurisdiction of the court, he may use a part thereof to offset the claim
of the plaintiff.
Section 11. When the judgment is to be rendered and the party
against whom it is to be entered requests it, the judge shall inquire
fully into the earnings and financial status of such party and shall
have full discretionary power to stay the entry of judgment, to stay
execution, and to order partial payments in such amounts, over such
periods, and upon such terms as shall seem just under the circum-
stances and as will assure a definite and steady reduction of the
judgment until it is finally and completely satisfied.
3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 12. The judge of said small claims court shall not be
obligated to collect such deferred partial payments on judgments so
rendered but, if the plaintiff so requests, he may do so at the expense
of the plaintiff for clerical and accounting costs incurred thereby.
Section 13. The chief judge of the Superior Court of Wilcox
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 ensure the proper administration of justice and to accom-
plish the purposes hereof.
Section 14. The judge of said small claims court shall have the
power to appoint one or more bailiffs of and for said small claims
court to act within and throughout the limits of the county. Such
bailiffs shall serve at the pleasure of the judge and under his direction.
Any person so appointed shall be known and designated as small
claims court bailiff. Any such small claims court bailiff shall have
the powers and authority and shall be subject to the penalties of
lawful constables of the State of Georgia, including the power to serve
any and all summons and writs issued from or by said small claims
court. Said bailiffs shall also have the power to make levies, conduct
judicial sales, and account therefor, in the manner of lawful consta-
bles. Within five days following their appointment, all such bailiffs
shall take and subscribe the oath of office prescribed in Code Section
15-17-8 of the O.C.G.A. and give the bond prescribed in Code Section
15-17-9 of the O.C.G.A. 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 to the superior court, con-
GEORGIA LAWS 1983 SESSION
3989
tained in Chapter 3 of Title 5 of the O.C.G.A., shall be applicable to
appeals from the small claims court to the superior court, the same to
be a de novo appeal.
Section 17. Until otherwise provided by the rules of the court,
the statement of claim, verification, and notice shall be in the
following form, or equivalent form, and shall be in lieu of any forms
now employed and of any form of summons now provided by law:
Small Claims Court of Wilcox County
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a state-
ment of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs claim
which is to be filed with the court may be verified by the plaintiff or
his agent as follows:)
State of Georgia
County of _______________
______________, being first duly sworn on oath, says the foregoing
is a just and true statement of the amount
3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
owing by defendant to plaintiff, exclusive of all setoffs and just
grounds of defense.
Plaintiff
(or Agent)
Sworn and subscribed before me
this_____day of ________________, 19
Notary Public
(or Attesting Official)
Notice.
TO:
Defendant
Home Address
or
Business Address
You are notified that________________has made a claim and is
requesting judgment against you in the sum
of $_______________, as shown by the foregoing statement. The
court will hold a hearing upon this claim on______________at______
.M. at (address of court).
You are required to be present at the hearing in order to avoid a
judgment by default against you.
If you have witnesses, books, receipts, or other writings bearing on
this claim, you should bring them with you at the time of hearing.
GEORGIA LAWS 1983 SESSION
3991
If you wish to have witnesses summoned, see the court at once for
assistance.
If you admit the claim, but desire additional time to pay, you must
come to the hearing in person and state the circumstances to the
court.
You may come with or without an attorney.
Judge-Clerk of the
Small Claims Court
of Wilcox County
(Seal).
J*
Section 18. The judge of the Small Claims Court of Wilcox
County shall be appointed by the grand jury of Wilcox County, and
any person appointed shall serve at the pleasure of the grand jury.
Section 19. All office space, courtroom facilities, forms, docket
books, file jackets, filing cabinets, materials, equipment, and supplies
required by this Act, or necessary for the efficient operation of said
court, shall be furnished by the governing authority of the county.
They shall also provide a suitable room in the courthouse for the
holding of said court.
Section 20. Said small claims court shall have no designated
terms at stated periods. The judge thereof shall, in each instance, set
dates for all hearings and trials in each type of case. He shall also
designate the time or times for the return of attachments and
executions. A garnishee shall be required to file his answer not sooner
than 30 days and not later than 45 days after he is served with
summons. Whenever a garnishee shall fail or refuse to answer as
provided above, the judge may render a default judgment as provided
in Code Section 18-4-90 of the O.C.G.A.; 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
3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bailiff, or by the judge of the small claims court. Whenever service is
made in person by a court officer, as provided in this section, such
officer shall enter his return of service either on the back of the
original garnishment affidavit or the attachment writ, as the case may
be, or such entry of service in the case of attachment may be made on
a separate paper and attached to the writ of attachment.
Section 22. The judge of said court shall have the power to
impose fines of not more than $10.00 on, or to imprison for not longer
than 24 hours, any person guilty of contempt of court. Such fines
shall be paid into the county treasury or depository to be used for
county purposes.
Section 23. The fees of the bailiff or sheriff for the execution of a
fi. fa. shall be $5.00, plus a reasonable amount for drayage, to be
determined by the judge of the small claims court. The rate of
commission on all judicial sales shall be 10 percent of the first $250.00
and 5 percent on all sums over that amount, with a minimum of $5.00.
Section 24. All laws and parts of laws in conflict with this Act
are repealed.
Notice of Intent to Introduce Legislation.
Notice is hereby given that a Resolution was passed at the
December meeting of the Wilcox County Board of Commissioners to
request the local State Representative to introduce legislation to
establish a Small Claims Court in Wilcox County with the full-time
Justice of Peace appointed by the Grand Jury designated as the
magistrate of the Court and having a jurisdiction of $2,000 with all
other powers designated to Small Claims Courts in accordance with
the laws of the State of Georgia. Said bill will be introduced in the
1983 session of the Georgia Legislature.
M. D. Brown, Chairman
Wilcox County Board
of Commissioners
GEORGIA LAWS 1983 SESSION
3993
Affidavit of Publisher.
Georgia, Crisp County.
I hereby verify that the Wilcox County Chronicle-Cordele Dis-
patch is the official newspaper serving Wilcox County for publication
of all legal matters requiring publication, and that a Notice of Intent
to Introduce Legislation to Establish a Small Claims Court for Wilcox
County has been published in the Wilcox County Chronicle portion of
this newspaper once a week for three weeks, the dates of publication
being as follows: December 23,30,1982 and January 6,1983.
/s/ Jack C. Mathews
Publisher
Sworn to and subscribed before me,
this 7th day of January, 1983.
/s/ Kay B. Langford
Notary Public, State of Georgia.
My Commission expires April 8, 1986.
(Seal).
Approved March 14, 1983.
3994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SEMINOLE COUNTY BOARD OF EDUCATION
ELECTION OF MEMBERS, ETC. REFERENDUM.
No. 150 (House Bill No. 197).
AN ACT
To provide for the election of members of the board of education
of Seminole County; to provide for education districts; to provide for
the manner of electing members of the board; to provide for filling
vacancies on the board; to provide for certain qualifications; to
provide procedures for the board; to provide for the chairman and
other officers of the board; to provide for compensation of the board;
to provide for termination of the existing board; to provide for other
matters relative to the foregoing; to provide for a referendum; to
provide for submission of this Act for approval; 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 Seminole County shall
consist of five members to be elected as provided in this Act. For the
purpose of electing such members, Seminole County shall be divided
into five education districts as follows:
DISTRICT NO. 1
Beginning at a point on the Western Boundary of Seminole
County where County Road 219 intersects with Lake Seminole at a
point known as Desser Landing; then traveling Easterly along the
center of County Road 219 until it intersects with Georgia Highway
39; then travels Northerly along the center of Georgia Highway 39
until it intersects with County Road 25; then travels Easterly along
the center of County Road 25 until it intersects with Fish Pond Drain;
then travels Northwesterly along the center of Fish Pond Drain until
it intersects with Georgia Highway 39; then travels Northerly along
the center of Georgia Highway 39 until it intersects with the Southern
boundary of the City of Donalsonville; then travels Westerly along the
Southern boundary of the City of Donalsonville until it corners
North; then travels Northerly along the Western boundary of the City
of Donalsonville until it intersects with Seaboard Coastline Railroad;
GEORGIA LAWS 1983 SESSION
3995
then travels Northwesterly along the center of Seaboard Coastline
Railroad until it intersects with the Northern boundary of Seminole
County; then travels Westerly along the Northern boundary of Sem-
inole County until it corners South; then travels Southerly along the
Western boundary of Seminole County until it intersects with County
Road 219 at a point called Desser Landing; and the point of the
beginning of District 1.
DISTRICT NO. 2
Beginning at a point where Highway 91 intersects with the North-
ern boundary of Seminole County; then travels Southerly along the
center of Highway 91, (Tennille Avenue), until it intersects with East
Third Street; then travels Easterly along the center of East Third
Street until it intersects with Stern Avenue; then travels Southerly
along the center of Stern Avenue until Stern Avenue ends; then
continuing in the same Southerly direction as Stern Avenue, along an
imaginary line to a point as such imaginary line intersects with the
Southern boundary of Donalsonville; then travels Westerly along the
Southern boundary of Donalsonville until it corners North; then
travels Northerly along the Western boundary of the City of
Donalsonville until it intersects with Seaboard Coastline Railroad;
then travels in a Northwesterly direction along the center of Seaboard
Coastline Railroad until it intersects with the Northern boundary of
Seminole County; then travels Easterly along the Northern boundary
of Seminole County until it intersects with Georgia Highway 91; at a
point of beginning of District 2.
DISTRICT NO. 3
Beginning at a point where Georgia Highway 91 (Tennille Avenue)
intersects with the Northern boundary of the City of Donalsonville;
then travels Southerly along the center of Georgia 91 (Tennille
Avenue) until it intersects with East Third Street; then travels
Easterly along the center of East Third Street until it intersects with
Stern Avenue; then travels Southerly along the center of Stern
Avenue until Stern Avenue ends; then continuing in the same South-
erly direction as Stern Avenue, along an imaginary line to a point as
such imaginary line intersects with the Southern boundary of
Donalsonville; then travels East along the Southern boundary of the
City of Donalsonville until it corners North; then travels Northerly
along the Eastern boundary of the City of Donalsonville until it
corners West; then travels Westerly along the Northern boundary of
3996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the City of Donalsonville until it intersects with Georgia Highway 91
(Tennille Avenue) at the point of beginning of District 3.
DISTRICT NO. 4
Beginning at a point where Georgia Highway 91 intersects with
the Northern boundary of Seminole County; then travels Southerly
along the center of Georgia Highway 91 until it intersects with the
Northern boundary of the City of Donalsonville; then travels Easterly
along the Northern boundary of the City of Donalsonville until it
corners South; then travels Southerly along the Eastern boundary of
the City of Donalsonville until it corners West; then travels Westerly
along the Southern boundary of the City of Donalsonville until it
intersects with Georgia Highway 39; then travels Southerly along the
center of Georgia Highway 39 until it intersects with Fish Pond Drain;
then travels Southeasterly along the center of Fish Pond Drain until
it intersects with County Road 25; then travels Easterly along the
center of County Road 25 until it corners North; then continuing in
the same Easterly direction along an imaginary line to a point where
County Road 12 and County Road 197 intersects; then travels East-
erly along the center of County Road 197 until it intersects with the
Eastern boundary of Seminole County; then travels Northerly along
the Eastern boundary of Seminole County until it corners West; then
travels Westerly along the Northern boundary of Seminole County
until it intersects with Georgia Highway 91; at the point of the
beginning of District 4.
DISTRICT NO. 5
Beginning at a point on the Western boundary of Seminole
County where County Road 219 intersects with Lake Seminole at a
point known as Desser Landing; then travels Easterly along the
center of County Road 219 until it intersects with Georgia Highway
39; then travels Northerly along the center of Georgia Highway 39
until it intersects with County Road 25; then travels Easterly along
the center of County Road 25 until it corners North; then continuing
in the same Easterly direction along an imaginary line to a point
where County Road 12 and County Road 197 intersects; then travels
Easterly along the center of County Road 197 until it intersects with
the Eastern boundary of Seminole County; then travels Southerly
along the Eastern boundary of Seminole County until it joins with the
Gadsden County Florida line at a point called the Jim Woodruff
Reservoir where the Apalachicola River begins; then travels North-
GEORGIA LAWS 1983 SESSION
3997
erly along the Western boundary of Seminole County until it joins the
point of beginning of District 5.
(b) (1) There shall be one member of the board elected from
each of said districts. Candidates shall be elected by a majority
vote of the qualified voters voting within their respective educa-
tion districts. If a member of the board shall move his residence
from the respective education district which he represents, his
position on the board shall become vacant, and such vacancy shall
be filled as provided in this Act.
(2) In the event a vacancy in the membership of the board
occurs for any reason other than the expiration of a term of office
and the unexpired term is six months or less, the remaining
members of the board shall appoint a successor 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. Special elections shall be
called and held in accordance with the applicable provisions of
Chapter 2 of Title 21 of the O.C.G.A.
Section 2. No person shall be eligible as a candidate for election
to said board of education unless such person shall have been a bona
fide resident of the education district for which such person is
offering for at least four years immediately preceding the date of
election. No person shall be eligible to represent an education district
unless he is at least 25 years of age and has a high school education or
its equivalent.
Section 3. (a) The initial members elected under this Act shall
be elected at a special election which shall be held on the first
Tuesday in November of 1983. The special election shall be con-
ducted according to the provisions of the general election laws of the
state.
(b) The candidates elected from districts one, three, and five
shall take office on January 1,1984, and shall serve for an initial term
of office of three years and until their successors are elected and
qualified. The candidates elected from districts two and four shall
take office on January 1, 1984, and shall serve for an initial term of
office of five years and until their successors are elected and qualified.
Thereafter, successors who are elected to succeed the initial members
of the board shall be elected at the general election which is con-
3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ducted in that year in which the respective terms of office shall expire.
Persons so elected 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 elected and qualified. All nomination and
elections shall be conducted in accordance with the general election
laws of this state.
Section 4. At the first meeting of the board, which shall be
conducted in January of each year, the board shall elect one of its
members as chairman and such other officers as it shall determine.
Three members of the board shall constitute a quorum for the
transaction of any business which may come before the board. All
members of the board including the chairman shall be compensated
in the amount of $100.00 per month plus the necessary expenses
incurred in carrying out their official duties.
Section 5. The board of education of Seminole County existing
on the effective date of this Act shall continue in existence until
December 31, 1983. At that time the terms of such members shall
expire and that board shall stand abolished. The board created by
this Act shall be the successor to such abolished board and shall be
subject to all laws relative to county boards of education except those
laws in conflict with 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 superin-
tendent of Seminole County to issue the call for an election for the
purpose of submitting this Act to the electors of Seminole County for
approval or rejection. The election superintendent shall set the date
of such election for the first Tuesday in August, 1983. 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
Seminole County. The ballot shall have written or printed thereon
the words:
( ) YES Shall the Act providing for the elec-
( ) NO tion of the board of education of
Seminole County and providing for
other matters relative thereto be ap-
proved?
GEORGIA LAWS 1983 SESSION
3999
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 Seminole 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. The board of education of Seminole County shall
authorize and direct the attorney for the board to submit this Act for
approval under the applicable provisions of the federal Voting Rights
Act of 1965.
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 1983
session of the General Assembly a bill providing for the election of
members of the board of education of Seminole County; and for other
purposes.
This the 28th day of December, 1982.
/s/ Jack Brannon
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 is Representative from the 141st District, and that
4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Donaldsonville News which is the official
organ of Seminole County, on the following dates: December 30,1982,
January 6,13,1983.
/s/ Walter Cox
Representative,
141st District
Sworn to and subscribed before me,
this 17th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
SUMTER COUNTY TAX COMMISSIONER
COMPENSATION.
No. 152 (House Bill No. 192).
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 March 25, 1982 (Ga. L.
1982, p. 3414), so as to change the compensation of the tax commis-
sioner; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
4001
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and
tax collector of Sumter County into the one office of Tax Commis-
sioner of Sumter County, approved August 18, 1925 (Ga. L. 1925, p.
744), as amended, particularly by an Act approved March 25, 1982
(Ga. L. 1982, p. 3414), is amended by striking subsection (a) of
Section 10 of said Act in its entirety and inserting in lieu thereof a new
subsection (a) of Section 10 to read as follows:
(a) The annual salary of the Tax Commissioner of Sumter
County shall be $24,400.00 per annum. The salary shall be payable in
equal monthly installments out of the general 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 1983 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 Hooks, who, on oath, deposes
and says that he is Representative from the 116th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Americus Times Recorder which is the
official organ of Sumter County, on the following dates: December 24,
31,1982 and January 7,1983.
4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ George Hooks
Representative,
116th District
Sworn to and subscribed before me,
this 14th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
SUMTER COUNTY SHERIFF COMPENSATION.
No. 153 (House Bill No. 191).
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 March 25, 1982
(Ga. L. 1982, p. 3612), 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:
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 March
25, 1982 (Ga. L. 1981, p. 3612), 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:
GEORGIA LAWS 1983 SESSION
4003
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 $26,200.00, 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 1983 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 Hooks, who, on oath, deposes
and says that he is Representative from the 116th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Americus Times Recorder which is the
official organ of Sumter County, on the following dates: December 24,
31,1982 and January 7,1983.
/s/ George Hooks
Representative,
116th District
4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
TOWN OF PINEVIEW AUTHORITY TO IMPOSE
AD VALOREM TAX, ETC.
No. 154 (House Bill No. 190).
AN ACT
To amend an Act incorporating the Town of Pineview, approved
December 10,1902 (Ga. L. 1902, p. 551), as amended, so as to change
the provisions relating to ad valorem taxation and limitations thereof;
to change the provisions relating to fines; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the Town of Pineview, approved
December 10,1902 (Ga. L. 1902, p. 551), 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. Be it further enacted by the authority aforesaid, that
said mayor and aldermen shall have power to levy a tax, not to exceed
5 percent, on all property, real or personal, subject to state tax, within
the corporate limits of said town. They shall also have power and
authority to require all persons subject to road duty under the laws of
GEORGIA LAWS 1983 SESSION
4005
this state to work on the streets, alleys, and sidewalks of said town,
but they may receive in lieu of said work such commutation fees as
said mayor and aldermen shall prescribe.
Section 2. Said Act is further amended by striking Section 12 in
its entirety and inserting in lieu thereof a new Section 12 to read as
follows:
Section 12. Be it further enacted by the authority aforesaid, that
said mayor and aldermen shall have the power and authority to
provide for the arrest, trial, and punishment of offenders against
ordinances, bylaws, rules, or regulations of said town by fine or
imprisonment or work on streets of said town, provided they shall not
exceed $1,000.00 and such imprisonment not to exceed 30 days.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Public Notice.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, an act to amend
Section 9 of the Charter of the Town of Pineview so as to increase the
power to levy tax from one-half of one per cent to five per cent, that is
from one-half mill to five mills, and to amend Section 12 of said
Charter to allow fines imposed under the Charter to be raised from
One Hundred Dollars to One Thousand Dollars (Ga. Laws 1902, page
551, as amended).
Marvin Talley
Mayor,
Town of Pineview
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, W. N. Hudson, who, on oath, deposes
and says that he is Representative from the 117th District, and that
4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cordele Daily Dispatch which is the official
organ of Wilcox County, on the following dates: December 16, 23, 30,
1982.
/s/ W. N. Hudson
Representative,
117th District
Sworn to and subscribed before me,
this 13th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
HANCOCK COUNTY MAGISTRATE COURT
CONSTITUTIONAL REQUIREMENTS IMPLEMENTED.
No. 155 (Senate Bill No. 276).
AN ACT
To provide for the appointment of the initial chief magistrate of
the Magistrate Court of Hancock County; to provide for the election
of successors to said initial chief magistrate; to provide for the
selection of other magistrates; to provide for terms of office; to
provide for the appointment of other court personnel; to provide for
constables; to provide for filling vacancies; to provide for the compen-
sation of the chief magistrate and other magistrates and of other court
GEORGIA LAWS 1983 SESSION
4007
personnel; to excuse the chief magistrate from certain jury duty; to
provide for reimbursing the chief magistrate and other magistrates
for their reasonable costs and expenses of training; to provide for
severability; to provide for the collection of additional costs in the
magistrate court for the county law library; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article VI of the Constitution of the State of
Georgia and authorized by general law.
Section 2. (a) The initial chief magistrate of the Magistrate
Court of Hancock County shall be appointed by the chief judge of the
Superior Court of Hancock County with the concurrence of the
governing authority of Hancock County. Such initial chief magistrate
shall serve for a term of office which begins on July 1, 1983, and
expires on December 31,1984.
(b) At the general election in 1984 and at the general election
held every four years thereafter, a successor shall be elected for a term
of office of four years, such term to begin on the first day of January
immediately following any such election.
(c) Any other magistrate taking office in Hancock County on
July 1,1983, shall continue in office for a term which shall expire on
the date of expiration of the term which he was serving in such other
capacity. Such other magistrates shall thereafter be appointed by the
governing authority of Hancock County for terms which expire on the
date that the term of office of the chief magistrate expires. The
governing authority shall not appoint more than three magistrates for
said magistrate court.
(d) The chief magistrate shall appoint the clerk and other court
personnel of the magistrate court; provided, however, that the
number of such court personnel shall be approved by the governing
authority of Hancock County.
(e) The officers of the Hancock County Police Department shall
serve as constables for the Magistrate Court of Hancock County.
4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The chief magistrate appointed to the Magistrate Court of
Hancock County shall be exempt from jury duty in the superior court
or any other court existing or which may be created or established in
Hancock County.
Section 3. (a) A vacancy in the office of chief magistrate of the
Magistrate Court of Hancock County shall be filled by appointment
by the governing authority of Hancock County until the next general
election, at which time a person shall be elected to fill the remainder
of the unexpired term.
(b) A vacancy in the office of any other magistrate shall be filled
by appointment by the governing authority of Hancock County for
the remainder of the unexpired term.
Section 4. (a) The chief magistrate shall be placed on an annual
salary of not less than $12,000.00, the exact amount to be determined
by the governing authority of Hancock County. Such salary shall be
paid from the funds of Hancock County.
(b) The governing authority of Hancock County shall fix the
salaries of the other magistrates and the compensation of the clerk of
the court and other court personnel. Such salaries or other compensa-
tion shall not be less than the minimum wage, and such court officers
and personnel shall be entitled to other benefits provided for county
employees.
Section 5. The costs and expenses of training required by
Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief
magistrate and other magistrates of Hancock County, but such
officers shall be reimbursed by the governing authority of Hancock
County for such reasonable costs and expenses.
Section 6. The collection of additional costs in cases before the
magistrate court shall be made for the benefit of a law library. Such
additional costs shall be in the amount of $2.00 and shall be collected
and used as provided in Code Section 36-15-9 of the O.C.G.A.
Section 7. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such adjudication shall in no manner affect the other
sections, subsections, sentences, clauses, or phrases of this Act, which
shall remain of full force and effect as if the section, subsection,
GEORGIA LAWS 1983 SESSION
4009
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it
had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 8. This Act shall become effective July 1,1983.
Section 9. 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 1983
session of the General Assembly of Georgia a bill to provide for the
selection of the magistrate or magistrates who will preside over the
magistrate court in Hancock County; and for other purposes.
This 25th day of January, 1983.
/s/ Culver Kidd
Senator,
25th District
Affidavit.
Georgia, Hancock County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Sparta Ishmaelite, legal organ for Hancock County,
the following dates, to-wit: January 27, February 3, February 10.
Sworn to on the 11th day of February, 1983.
4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Alva L. Haywood
Publisher
Sworn to and subscribed before me,
this 11 day of February, 1983.
/s/ Tommy Bryer
Notary Public.
My Commission Expires February 18, 1986.
Approved March 14, 1983.
COBB COUNTY SCHOOL DISTRICT EDUCATION
DISTRICT BOUNDARIES CHANGED.
No. 156 (Senate Bill No. 279).
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, so as to change the bound-
aries of the seven education districts; to provide for applicability; to
provide 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 boundaries of the seven educa-
tion districts of the Cobb County School District, approved March 28,
1974 (Ga. L. 1974, p. 3516), as amended, is amended by striking in its
entirety subsection (a) of Section 2 and inserting in lieu thereof a new
subsection (a) to read as follows:

GEORGIA LAWS 1983 SESSION 4011
(a) For the purpose of electing members of the Board of Educa-
tion of Cobb County, the Cobb County School District is hereby
divided into seven education districts as follows:
Education District No. 1 shall be composed of all that land lying
and being in the central part of Cobb County, located in that area
more particularly described as follows:
BEGINNING at a point where the center line of South Cobb
Drive intersects the center line of Camp Highland Road; thence
running northeasterly along the center line of Camp Highland
Road and following the curvature thereof to a point where the
center line of Camp Highland Road intersects tbe center line of
Cooper Lake Road; thence running northeasterly along the center
line of Cooper Lake Road to a point where the center line of
Cooper Lake Road intersects the center line of Weaver Street;
thence running northerly and thence easterly along the center line
of Weaver Street to a point where the center line of Weaver Street
intersects the center line of Atlanta Road; thence running north-
erly along the center line of Atlanta Road to a point where the
center line of Atlanta Road is approximately directly west of a
point where the center line of Gilmore Road dead ends at East
Dixie Avenue; thence running approximately directly east to a
point where the center line of Gilmore Road intersects the center
line of East Dixie Avenue; thence running southeasterly along the
center line of Gilmore Road to a point where the center line of
Gilmore Road merges with the center line of Orchard Road and
thence continuing northerly along the center line of Orchard Road
to a point where the center line of Orchard Road merges with the
center line of Orchard Knob Road; thence running northwesterly
along the center line of Orchard Knob Road to a point where the
center line of Orchard Knob Road intersects the center line of
Shady Lane Drive; thence running southwesterly along the center
line of Shady Lane Drive to a point where the center line of Shady
Lane Drive intersects the center line of Pine View Drive; thence
running northerly along the center line of Pine View Drive to a
point where the center line of Pine View Drive intersects the
center line of West Lane Drive; thence running westerly and
thence northerly along the center line of West Lane Drive and
following the curvature thereof to a point where the center line of
West Lane Drive intersects the center line of Spring Hill Road and
Paces Ferry Road; thence running westerly along the center line of
Spring Hill Road to a point where the center line of Spring Hill
4012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Road intersects the center line of Atlanta Road; thence running
northerly along the center line of Atlanta Road to a point where
the center line of Atlanta Road intersects the center line of
Campbell Road; thence running northeasterly along the center
line of Campbell Road to a point where the center line of Campbell
Road intersects the center line of Spring Road; thence running
easterly along the center line of Spring Road to a point where the
center line of Spring Road intersects the center line of Cobb
Parkway; thence running southeasterly along the center line of
Cobb Parkway to a point where the center line of Cobb Parkway
intersects the center line of Interstate Highway 285; thence
running northeasterly along the center line of Interstate Highway
285 to a point where the center line of Interstate Highway 285
intersects the center line of Powers Ferry Road; thence running
northwesterly along the center line of Powers Ferry Road and
following the curvature thereof to a point where the center line of
Powers Ferry Road intersects the center line of Terrell Mill Road;
thence running southwesterly along the center line of Terrell Mill
Road to a point where the center line of Terrell Mill Road
intersects the center line of Cobb Parkway; thence running north-
westerly along the center line of Cobb Parkway to a point where
the center line of Cobb Parkway reaches a point approximately
directly east of a point on the eastern boundary of Dobbins Air
Force Base where Land Lots 657, 658, 711 and 712 of the 17th
District form a common corner; thence running approximately
directly west to the point where Land Lots 657, 658, 711 and 712
form the common corner on the eastern boundary of Dobbins Air
Force Base; thence running southerly; thence westerly and thence
southerly again along the eastern boundary of Dobbins Air Force
Base to a point where the boundary of Dobbins Air Force Base
turns back in a westerly direction and continuing westerly along
the southern boundary of Dobbins Air Force Base to a point at the
southwest corner of the boundary of Dobbins Air Force Base;
thence running northerly and thence westerly along the western
boundary of Dobbins Air Force Base to a point where the western
boundary of Dobbins Air Force Base intersects the center line of
Main Street; thence running southerly and then westerly along the
center line of Main Street and following the curvature thereof to a
point where the center line of Main Street intersects the center
line of Atlanta Road; thence running southerly along the center
line of Atlanta Road to a point where the center line of Atlanta
Road intersects the center line of Pat Mell Road; thence running
westerly along the center line of Pat Mell Road to a point where
GEORGIA LAWS 1983 SESSION
4013
the center line of Pat Mell Road intersects the center line of Old
Concord Road; thence running southerly along the center line of
Old Concord Road to a point where the center line of Old Concord
Road intersects the center line of South Cobb Drive; thence
running northerly along the center line of South Cobb Drive to a
point where the center line of South Cobb Drive intersects the
center line of Benson Pool Road; thence running southwesterly
along the center line of Benson Pool Road to a point where the
center line of Benson Pool Road intersects the center line of
Smyrna-Powder Springs Road; thence running southwesterly
along the center line of Smyrna-Powder Springs Road to a point
where the center line of Smyrna-Powder Springs Road intersects
the center line of Harris Road; thence running southerly along the
center line of Harris Road and following the curvature thereof to a
point where the center line of Harris Road intersects the center
line of Hurt Road; thence running westerly along the center line of
Hurt Road and thence southerly along the center line of Hurt
Road until the center line of Hurt Road intersects the center line
of South Hurt Road; thence running southerly along the center
line of South Hurt Road to a point where the center line of South
Hurt Road intersects the center line of the railroad tracks of the
Seaboard Coast Line Railroad; thence running easterly along the
center line of the railroad tracks of the Seaboard Coast Line
Railroad to a point where the center line of the railroad tracks of
the Seaboard Coast Line Railroad intersects the center line of
Cooper Lake Road; thence running easterly along the center line
of Cooper Lake Road to a point where the center line of Cooper
Lake Road intersects a point over the center of an unnamed
stream flowing from Laurel Lake; thence running northerly along
the center of the unnamed stream and following the meanderings
thereof to a point where the stream enlarges and becomes a part of
Laurel Lake; thence continuing northerly across Laurel Lake and
the center thereof until Laurel Lake narrows into another
unnamed stream which flows therein and following the center line
of said unnamed stream and following the meanderings thereof in
a northerly direction to a point where the center of the unnamed
stream intersects a point under the center line of South Cobb
Drive; thence running southeasterly along the center line of South
Cobb Drive to a point where the center line of South Cobb Drive
intersects the center line of Camp Highland Road and the point of
beginning.
4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Less and excepted from the above description all that portion
of land which lies in the Independent School District of Marietta.
The Official Map of Cobb County, adopted 1981, prepared by
the Cobb County Planning Department, is incorporated herein
and made a part of the above description by reference.
Education District No. 2 shall be composed of all that land lying
and being in the southeastern part of Cobb County, located in that
area more particularly described as follows:
BEGINNING at a point where the center line of the railroad
tracks of the Seaboard Coast Line Railroad intersect the center
line of Cooper Lake Road; thence running easterly along the
center line of Cooper Lake Road to a point where the center line of
Cooper Lake Road intersects a point over the center of an
unnamed stream flowing from Laurel Lake; thence running north-
erly along the center of the unnamed stream and following the
meanderings thereof to a point where the stream enlarges into and
becomes a part of Laurel Lake; thence continuing northerly across
Laurel Lake and the center thereof until Laurel Lake narrows into
another unnamed stream which flows therein and following the
center line of said unnamed stream and following the meanderings
thereof in a northerly direction to a point where the center line of
the unnamed stream intersects at a point under the center line of
South Cobb Drive; thence running southeasterly along the center
line of South Cobb Drive to a point where the center line of South
Cobb Drive intersects the center line of Camp Highland Road;
thence running northeasterly along the center line of Camp High-
land Road and following the curvature thereof to a point where the
center line of Camp Highland Road intersects the center line of
Cooper Lake Road; thence running northeasterly along the center
line of Cooper Lake Road to a point where the center line of
Cooper Lake Road intersects the center line of Weaver Street;
thence running northerly and thence easterly along the center line
of Weaver Street to a point where the center line of Weaver Street
intersects the center line of Atlanta Road; thence running north-
erly along the center line of Atlanta Road to a point where the
center line of Atlanta Road is approximately directly west of a
point where the center line of Gilmore Road dead ends at East
Dixie Avenue; thence running approximately directly east to a
point where the center line of Gilmore Road intersects the center
line of East Dixie Avenue; thence running southeasterly along the
GEORGIA LAWS 1983 SESSION
4015
center line of Gilmore Road to a point where the center line of
Gilmore Road merges with the center line of Orchard Road;
thence running along the center line of Orchard Road to a point
where the center line of Orchard Road merges with the center line
of Orchard Knob Road; thence running northwesterly along the
center line of Orchard Knob Road to a point where the center line
of Orchard Knob Road intersects the center line of Shady Lane
Drive; thence running southwesterly along the center line of
Shady Lane Drive to a point where the center line of Shady Lane
Drive intersects the center line of Pine View Drive; thence running
northerly along the center line of Pine View Drive to a point where
the center line of Pine View Drive intersects the center line of
West Lane Drive; thence running westerly and thence northerly
along the center line of West Lane Drive and following the
curvature thereof to a point where the center line of West Lane
Drive intersects the center line of Spring Hill Road at Paces Ferry
Road; thence running westerly along the center line of Spring Hill
Road to a point where the center line of Spring Hill Road
intersects the center line of Atlanta Road; thence running north-
erly along the center line of Atlanta Road to a point where the
center line of Atlanta Road intersects the center line of Campbell
Road; thence running northeasterly along the center line of Camp-
bell Road to a point where the center line of Campbell Road
intersects the center line of Spring Road; thence running easterly
along the center line of Spring Road to a point where the center
line of Spring Road intersects the center line of Cobb Parkway;
thence running southerly along the center line of Cobb Parkway to
a point where the center line of Cobb Parkway intersects the
center line of Interstate Highway 285; thence running northeast-
erly along the center line of Interstate Highway 285 to a point
where the center line of Interstate Highway 285 intersects over the
center of the Chattahoochee River; thence running southerly
along the center of the Chattahoochee River and following the
meanderings thereof to a point where the center of the
Chattahoochee River intersects the Cobb-Douglas County Line;
thence running northwesterly along the Cobb-Douglas County
Line to a point where the Cobb-Douglas County Line intersects
the center line of Old Alabama Road; thence running northeast-
erly along the center line of Old Alabama Road to a point where
the center line of Old Alabama Road intersects the center line of
Maxham Road; thence running northerly along the center line of
Maxham Road to a point where the center line of Maxham Road
intersects over the center of Buttermilk Creek; thence running
4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
northerly along the center of Buttermilk Creek and following the
meanderings thereof to a point where the center of Buttermilk
Creek intersects under the center line of Bankhead Highway;
thence running easterly along the center line of Bankhead High-
way to a point where the center line of Bankhead Highway
intersects the center line of Church Street; thence running north-
erly along the center line of Church Street to a point where the
center line of Church Street intersects the center line of the
railroad tracks of the Southern Railroad; thence running north-
easterly along the center line of the railroad tracks of the Southern
Railroad to a point where the center line of the Southern Railroad
tracks intersect the center line of Nickajack Road; thence running
northwesterly along the center line of Nickajack Road to a point
where the center line of Nickajack Road intersects the center line
of Windsor Drive; thence running northerly along the center line
of Windsor Drive to a point where the center line of Windsor Drive
intersects the center line of Somerset Road; thence running north-
erly along the center line of Somerset Road to a point where the
center line of Somerset Road intersects the center line of Windsor
Drive; thence running northerly along the center line of Windsor
Drive to a point where the center line of Windsor Drive intersects
the center line of Concord Road; thence running northeasterly
along the center line of Concord Road to a point where the center
line of Concord Road intersects the center line of the railroad
tracks of the Seaboard Coast Line Railroad; thence running
southeasterly along the railroad tracks of the Seaboard Coast Line
Railroad to a point where the center line of the Seaboard Coast
Line Railroad tracks intersect the center line of Cooper Lake Road
and the point of beginning.
Less and excepted from the above description all that portion
of land which lies in the Independent School District of Marietta.
The Official Map of Cobb County, adopted 1981, prepared by
the Cobb County Planning Department, is incorporated herein
and made a part of the above description by reference.
Education District No. 3 shall be composed of all that land lying
and being in the southwestern part of Cobb County, located in that
area more particularly described as follows:
BEGINNING at a point where the center line of Macland
Road intersects the Cobb-Paulding County Line; thence running
GEORGIA LAWS 1983 SESSION
4017
easterly along the center line of Macland Road to a point where
the center line of Macland Road intersects the center line of
Bullard Road; thence running northeasterly along the center line
of Bullard Road to a point where the center line of Bullard Road
intersects the center line of Villa Rica Road; thence running
easterly and then northeasterly along the center line of Villa Rica
Road to a point where the center line of Villa Rica Road intersects
the center line of Dallas Road; thence running easterly along the
center line of Dallas Road to a point where the center line of Dallas
Road intersects the center line of John Ward Road; thence
running southerly along the center line of John Ward Road to a
point where the center line of John Ward Road intersects the
center line of Cheatham Hill Road; thence running southeasterly
along the center line of Cheatham Hill Road to a point where the
center line of Cheatham Hill Road intersects the center line of
Powder Springs Road; thence running southwesterly along the
center line of Powder Springs Road to a point where the center
line of Powder Springs Road intersects the center line of Milford
Church Road; thence running southeasterly along the center line
of Milford Church Road to a point where the center line of Milford
Church Road intersects the center line of Hicks Road; thence
running northerly along the center line of Hicks Road to a point
where the center line of Hicks Road intersects the center line of
Smyrna-Powder Springs Road; thence running easterly along the
center line of Smyrna-Powder Springs Road to a point where the
center line of Smyrna-Powder Springs Road intersects the center
line of Harris Road; thence running southeasterly along the center
line of Harris Road to a point where the center line of Harris Road
intersects the center line of Hurt Road; thence running westerly
along the center line of Hurt Road and then southwesterly along
the center line of Hurt Road to a point where the center line of
Hurt Road intersects the center line of South Hurt Road; thence
continuing along the center line of South Hurt Road southerly to a
point where the center line of South Hurt Road intersects the
center line of the railroad tracks of the Seaboard Coast Line
Railroad; thence running easterly along the center line of the
railroad tracks of the Seaboard Coast Line Railroad to a point
where the center line of the railroad tracks of the Seaboard Coast
Line Railroad intersect the center line of Concord Road; thence
running southwesterly along the center line of Concord Road to a
point where the center line of Concord Road intersects the center
line of Windsor Drive; thence running southerly along the center
line of Windsor Drive to a point where the center line of Windsor
4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Drive intersects the center line of Somerset Road; thence running
easterly and then southerly along the center line of Somerset Road
to a point where the center line of Somerset Road intersects the
center line of Windsor Drive; thence running southerly along the
center line of Windsor Drive to a point where the center line of
Windsor Drive intersects the center line of Nickajack Road;
thence running northeasterly and then southeasterly along the
center line of Nickajack Road to a point where the center line of
Nickajack Road intersects the center line of the railroad tracks of
the Southern Railroad; thence running southwesterly along the
center line of the railroad tracks of the Southern Railroad to a
point where the center line of the railroad tracks of the Southern
Railroad intersect the center line of Church Street; thence
running southerly along the center line of Church Street to a point
where the center line of Church Street intersects the center line of
Bankhead Highway; thence running southwesterly, then westerly
and then northwesterly along the center line of Bankhead High-
way to a point where the center line of Bankhead Highway
intersects over the center of Buttermilk Creek; thence running
southerly along the center of Buttermilk Creek and following the
meanderings thereof to a point where the center of Buttermilk
Creek intersects the center line of Maxham Road; thence running
southeasterly along the center line of Maxham Road to a point
where the center line of Maxham Road intersects the center line of
Old Alabama Road; thence running southwesterly along the
center line of Old Alabama Road to a point where the center line of
Old Alabama Road intersects the Cobb-Douglas County Line;
thence running northwesterly and thence westerly along the
Cobb-Douglas County Line to a point where the Cobb-Douglas
County Line intersects the Cobb-Paulding County Line; thence
running northerly along the Cobb-Paulding County Line to a
point where the Cobb-Paulding County Line intersects the center
line of Macland Road and the point of beginning.
Less and excepted from the above description all that portion
of land which lies in the Independent School District of Marietta.
The Official Map of Cobb County, adopted 1981, prepared by
the Cobb County Planning Department, is incorporated herein
and made a part of the above description by reference.
Education District No. 4 shall be composed of all that land lying
and being in the northwestern part of Cobb County; located in that
area more particularly described as follows:
GEORGIA LAWS 1983 SESSION
4019
BEGINNING at a point where the center line of Macland
Road intersects the Cobb-Paulding County Line; thence running
easterly along the center line of Macland Road to a point where
the center line of Macland Road intersects the center line of
Bullard Road; thence running northeasterly along the center line
of Bullard Road to a point where the center line of Bullard Road
intersects the center line of Villa Rica Road; thence running
easterly and then northeasterly along the center line of Villa Rica
Road to a point where the center line of Villa Rica Road intersects
the center line of Dallas Road; thence running easterly along the
center line of Dallas Road to a point where the center line of Dallas
Road merges into Whitlock Avenue and then continuing along the
center line of Whitlock Avenue to a point where the center line of
Whitlock Avenue merges into the center line of South Park
Square; thence running easterly along the center line of South
Park Square to a point where the center line of South Park Square
intersects the center line of East Park Square; thence running
northerly along the center line of East Park Square to a point
where the center line of East Park Square merges into the center
line of Cherokee Street; thence running northerly along the center
line of Cherokee Street to a point where the center line of
Cherokee Street intersects the center line of Canton Road; thence
running northerly along the center line of Canton Road to a point
where the center line of Canton Road intersects the center line of
Cobb Parkway; thence running northwesterly along the center line
of Cobb Parkway to a point where the center line of Cobb Parkway
intersects the center line of Bells Ferry Road; thence running
northeasterly and then northerly along the center line of Bells
Ferry Road to a point where the center line of Bells Ferry Road
intersects the center line of Piedmont Road; thence running
easterly and northeasterly along the center line of Piedmont Road
to a point where the center line of Piedmont Road intersects the
center line of Shaw Road; thence running northerly along the
center line of Shaw Road to a point where the center line of Shaw
Road intersects the center line of Ebenezer Road; thence running
northwesterly along the center line of Ebenezer Road to a point
where the center line of Ebenezer Road intersects the center line
of Blackwell Road; thence running westerly and southwesterly
along the center line of Blackwell Road to a point where the center
line of Blackwell Road intersects the center line of Canton Road;
thence running northerly along the center line of Canton Road to a
point where the center line of Canton Road intersects the Cobb-
Cherokee County Line; thence running westerly along the Cobb-
4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Cherokee County Line to a point where the Cobb-Cherokee
County Line intersects the Cobb-Paulding County Line; thence
running southerly along the Cobb-Paulding County Line to a
point where the Cobb-Paulding County Line intersects the center
line of Macland Road and the point of beginning.
Less and excepted from the above description all that portion
of land which lies in the Independent School District of Marietta.
The Official Map of Cobb County, adopted 1981, prepared by
the Cobb County Planning Department, is incorporated herein
and made a part of the above description by reference.
Education District No. 5 shall be composed of all that land lying
and being in the northeastern part of Cobb County, located in that
area more particularly described as follows:
BEGINNING at a point where the center line of Canton Road
intersects the center line of Cobb Parkway; thence running north-
westerly along the center line of Cobb Parkway to a point where
the center line of Cobb Parkway intersects the center line of Bells
Ferry Road; thence running northeasterly and thence northerly
along the center line of Bells Ferry Road to a point where the
center line of Bells Ferry Road intersects the center line of
Piedmont Road; thence running easterly and northeasterly along
the center line of Piedmont Road to a point where the center line
of Piedmont Road intersects the center line of Shaw Road; thence
running northerly along the center line of Shaw Road to a point
where the center line of Shaw Road intersects the center line of
Ebenezer Road; thence running northwesterly along the center
line of Ebenezer Road to a point where the center line of Ebenezer
Road intersects the center line of Blackwell Road; thence running
westerly and southwesterly along the center line of Blackwell
Road to a point where the center line of Blackwell Road intersects
the center line of Canton Road; thence running northerly along
the center line of Canton Road to a point where the center line of
Canton Road intersects the Cobb-Cherokee County Line; thence
running easterly along the Cobb-Cherokee County Line to a point
where the Cobb-Cherokee County Line intersects the Cobb-
Fulton County Line; thence running southerly along the Cobb-
Fulton County Line to a point where the Cobb-Fulton County
Line merges with Willeo Creek and then continuing southerly
along Willeo Creek and following the meanderings thereof and the
GEORGIA LAWS 1983 SESSION
4021
Cobb-Fulton County Line to a point where Willeo Creek and the
Cobb-Fulton County Line intersect the center line of Post Oak
Tritt Road; thence running northwesterly and thence westerly
along the center line of Post Oak Tritt Road to a point where the
center line of Post Oak Tritt Road intersects the center line of
Murdock Road; thence running southerly along the center line of
Murdock Road to a point where the center line of Murdock Road
intersects the center line of Sewell Mill Road; thence running
northeasterly along the center line of Sewell Mill Road to a point
where the center line of Sewell Mill Road intersects the center of
an unnamed creek sometimes called Sewell Mill Creek; thence
running southerly along the center of the unnamed creek some-
times called Sewell Mill Creek and following the meanderings
thereof to a point where the center of the unnamed creek some-
times called Sewell Mill Creek intersects the center line of Roswell
Road; thence running westerly and southwesterly along the center
line of Roswell Road to a point where the center line of Roswell
Road intersects the center line of Cobb Parkway; thence running
northwesterly along the center line of Cobb Parkway to a point
where the center line of Cobb Parkway intersects the center line of
Canton Road and the point of beginning.
Less and excepted from the above description all that portion
of land which lies in the Independent School District of Marietta.
The Official Map of Cobb County, adopted 1981, prepared by
the Cobb County Planning Department, is incorporated herein
and made a part of the above description by reference.
Education District No. 6 shall be composed of all that land lying
and being in the eastern part of Cobb County, located in that area
more particularly described as follows:
BEGINNING at a point where the center of an unnamed
creek sometimes called Sewell Mill Creek intersects with the
center line of Roswell Road; thence running westerly and then
southwesterly along the center line of Roswell Road to a point
where the center line of Roswell Road intersects the center line of
Lower Roswell Road; thence running southeasterly along the
center line of Lower Roswell Road to a point where the center line
of Lower Roswell Road intersects the center line of Smithstone
Road; thence running southerly along the center line of
Smithstone Road to a point where the center line of Smithstone
4022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Road intersects the center line of Fern Road; thence running
southerly along the center line of Fern Road to a point where the
center line of Fern Road intersects the center line of Powers Ferry
Road; thence running southeasterly along the center line of
Powers Ferry Road to a point where the center line of Powers
Ferry Road intersects the center line of Interstate Highway 285;
thence running northeasterly along the center line of Interstate
Highway 285 to a point where the center line of Interstate High-
way 285 intersects the center of the Chattahoochee River at a
point on the Cobb-Fulton County Line; thence running northeast-
erly along the center of the Chattahoochee River which is also the
Cobb-Fulton County line and following the meanderings thereof
to a point where the center of the Chattahoochee River merges
with the center of Willeo Creek, the point also being on the Cobb-
Fulton County Line; thence running northerly along the center of
Willeo Creek which is also the Cobb-Fulton County Line and
following the meanderings thereof to a point where the center of
Willeo Creek intersects with the center line of Post Oak Tritt
Road at a point on the Cobb-Fulton County Line; thence running
northwesterly and then westerly along the center line of Post Oak
Tritt Road to a point where the center line of Post Oak Tritt Road
intersects the center line of Murdock Road; thence running south-
erly along the center line of Murdock Road to a point where the
center line of Murdock Road intersects the center line of Sewell
Mill Road; thence running northeasterly along the center line of
Sewell Mill Road to a point where the center line of Sewell Mill
Road intersects the center of an unnamed creek sometimes called
Sewell Mill Creek; thence running southerly along the center of
the unnamed creek sometimes called Sewell Mill Creek and
following the meanderings thereof to a point where the center of
the unnamed creek sometimes called Sewell Mill Creek intersects
the center line of Roswell Road and the point of beginning.
Less and excepted from the above description all that portion
of land which lies in the Independent School District of Marietta.
The Official Map of Cobb County, adopted 1981, prepared by
the Cobb County Planning Department, is incorporated herein
and made a part of the above description by reference.
Education District No. 7 shall be composed of all that land lying
and being in the central part of Cobb County, located in that area
more particularly described as follows:
GEORGIA LAWS 1983 SESSION
4023
BEGINNING at a point where the center line of Roswell
Road intersects the center line of Lower Roswell Road; thence
running southeasterly along the center line of Lower Roswell Road
to a point where the center line of Lower Roswell Road intersects
the center line of Smithstone Road; thence running southerly
along the center line of Smithstone Road to a point where the
center line of Smithstone Road intersects the center line of Fern
Road; thence running southerly along the center line of Fern Road
to a point where the center line of Fern Road intersects the center
line of Powers Ferry Road; thence running southeasterly along the
center line of Powers Ferry Road to a point where the center line
of Powers Ferry Road intersects the center line of Terrell Mill
Road; thence running southerly and southwesterly along the
center line of Terrell Mill Road to a point where the center line of
Terrell Mill Road intersects the center line of Cobb Parkway;
thence running northwesterly along the center line of Cobb Par-
kway to a point where the center line of Cobb Parkway reaches a
point approximately directly east of a point where Land Lots 657,
658, 711 and 712 of the 17th District form a common corner;
thence running approximately directly west to the point where
Land Lots 657, 658, 711 and 712 form the common corner on the
eastern boundary of Dobbins Air Force Base; thence running
southerly; thence westerly; thence southerly again along the east-
ern boundary of Dobbins Air Force Base to a point where the
boundary of Dobbins Air Force Base turns in a westerly direction
and continuing westerly along the southern boundary of Dobbins
Air Force Base to a point at the southwest corner of the boundary
of Dobbins Air Force Base; thence running northerly and then
westerly along the boundary of Dobbins Air Force Base to a point
where the western boundary of Dobbins Air Force Base intersects
the center line of Main Street; thence running southerly and then
westerly along the center line of Main Street and following the
curvature thereof to a point where the center line of Main Street
intersects the center line of Atlanta Road; thence running south-
erly along Atlanta Road to a point where the center line of Atlanta
Road intersects the center line of Pat Mell Road; thence running
westerly along the center line of Pat Mell Road to a point where
the center line of Pat Mell Road intersects the center line of Old
Concord Road; thence running southerly along the center line of
Old Concord Road to a point where the center line of Old Concord
Road intersects the center line of South Cobb Drive; thence
running northerly along the center line of South Cobb Drive to a
point where the center line of South Cobb Drive intersects the
4024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
center line of Benson Pool Road; thence running southwesterly
along the center line of Benson Pool Road to a point where the
center line of Benson Pool Road intersects the center line of
Smyrna-Powder Springs Road; thence running southwesterly
along the center line of Smyrna-Powder Springs Road to a point
where the center line of Smyrna-Powder Springs Road intersects
the center line of Hicks Road; thence running southerly along the
center line of Hicks Road to a point where the center line of Hicks
Road intersects the center line of Milford Church Road; thence
running northwesterly along the center line of Milford Church
Road to a point where the center line of Milford Church Road
intersects the center line of Powder Springs Road; thence running
northeasterly along the center line of Powder Springs Road to a
point where the center line of Powder Springs Road intersects the
center line of Cheatham Hill Road; thence running northerly
along the center line of Cheatham Hill Road to a point where the
center line of Cheatham Hill Road intersects the center line of
John Ward Road; thence running northerly along the center line
of John Ward Road to a point where the center line of John Ward
Road intersects the center line of Dallas Road; thence running
easterly along the center line of Dallas Road to a point where the
center line of Dallas Road merges into the center line of Whitlock
Avenue; thence continuing easterly along the center line of Whit-
lock Avenue to a point where the center line of Whitlock Avenue
merges into the center line of South Park Square; thence continu-
ing easterly along the center line of South Park Square to a point
where the center line of South Park Square intersects the center
line of East Park Square; thence running northerly along the
center line of East Park Square to a point where the center line of
East Park Square merges with the center line of Cherokee Street;
thence continuing northerly along the center line of Cherokee
Street to a point where the center line of Cherokee Street inter-
sects the center line of Canton Road; thence running northerly
along the center line of Canton Road to a point where the center
line of Canton Road intersects the center line of Cobb Parkway;
thence running southeasterly along the center line of Cobb Par-
kway to a point where the center line of Cobb Parkway intersects
the center line of Roswell Road; thence running easterly along the
center line of Roswell Road to a point where the center line of
Roswell Road intersects the center line of Lower Roswell Road
and the point of beginning.
GEORGIA LAWS 1983 SESSION
4025
Less and excepted from the above description all that portion
of land which lies in the Independent School District of Marietta.
The Official Map of Cobb County, adopted 1981, prepared by
the Cobb County Planning Department, is incorporated herein
and made a part of the above description by reference.
Section 2. The present members of the Board of Education of
Cobb County shall continue to serve out the terms of office to which
they were elected. The new education districts provided in this Act
shall apply to the election of successors to the members of the board
of education whose terms of office expire in 1984, and thereafter.
Section 3. This Act shall become effective on July 1,1983.
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 1983
Session of the General Assembly of Georgia a bill to change education
districts of Cobb County; and for other purposes as provided (Acts
1966, p. 761, Georgia Code Annotated, Section 2-28802); as amended
Acts 1974, p. 3516.
4026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
A. L. Burruss
Fred Aiken
Johnny Isakson
Carl Harrison
Joe Mack Wilson
George W. Darden
Steve Thompson
Terry Lawler
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carl Harrison who, on oath, deposes
and says that he is Senator from the 37th 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 28, 1982,
January 7,14,21,28,1983.
/s/ Carl Harrison
Senator,
37th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4027
BALDWIN COUNTY MAGISTRATE COURT
CONSTITUTIONAL REQUIREMENTS IMPLEMENTED.
No. 157 (Senate Bill No. 262).
AN ACT
To provide for the appointment of the chief magistrate and other
magistrates of the Magistrate Court of Baldwin County; to provide
for terms of office; to provide for the appointment of other court
personnel; to provide for filling vacancies; to provide for the compen-
sation of the chief magistrate and other magistrates and of other court
personnel; to provide for a depository to serve as the treasury of the
magistrate court; to provide for payments from the treasury; to
provide for the removal of magistrates for cause; to provide for
reimbursing the chief magistrate and other magistrates for their costs
and expenses of training; to provide for severability; to provide
effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article VI of the Constitution of the State of
Georgia and authorized by general law.
Section 2. (a) The Governor, with the advice and consent of the
Senators and Representatives of the districts in which Baldwin
County is located, shall appoint a duly qualified person to be the chief
magistrate of the Magistrate Court of Baldwin County to serve for a
four-year term of office commencing July 1,1983, and expiring June
30,1987. Successors to such chief magistrate shall be appointed in a
like manner for terms of four years.
(b) Each magistrate taking office in Baldwin County on July 1,
1983, shall continue in office for a term which shall expire on the date
4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of expiration of the term which he was serving in such other capacity.
Such other magistrates shall thereafter be appointed by the chief
magistrate of the Magistrate Court of Baldwin County for terms of
four years. The chief magistrate shall not appoint more than four
magistrates for said magistrate court.
(c) The clerk of the magistrate court, constables, and other court
personnel of the magistrate court shall be appointed by the chief
magistrate; provided, however, that the number of such court person-
nel shall be approved by the governing authority of Baldwin County.
Section 3. (a) A vacancy in the office of chief magistrate of the
Magistrate Court of Baldwin County shall be filled in the same
manner as the original appointment for the remainder of the unex-
pired term.
(b) A vacancy in the office of any other magistrate shall be filled
by appointment by the chief magistrate for the remainder of the
unexpired term.
Section 4. (a) The chief magistrate shall be placed on an annual
salary, the amount of which shall be determined by the governing
authority of Baldwin County.
(b) The chief magistrate shall fix the salaries of the other
magistrates and the compensation of the clerk of the court, the
constables, and other court personnel.
Section 5. (a) All fees collected by the Magistrate Court of
Baldwin County shall be paid into a depository at a chartered bank
designated by the governing authority of Baldwin County. The
governing authority of Baldwin County shall pay the sum of not less
than $1,700.00 and not more than $2,500.00 into the depository
monthly for the operation of the magistrate court. Said depository
shall serve as the treasury of the Magistrate Court of Baldwin County.
The salaries of the chief magistrate and other magistrates, the
compensation of other officers and personnel of the court as provided
in subsection (b) of Section 4, and the other expenses of the operation
of the magistrate court shall be paid from such treasury by the chief
magistrate.
(b) The chief magistrate shall file an annual report with the
governing authority of Baldwin County showing all deposits to and
GEORGIA LAWS 1983 SESSION
4029
withdrawals from the depository. The governing authority may
require additional periodic reports.
Section 6. The chief magistrate, with the approval of the chief
judge and district attorney of the Ocmulgee Judicial Circuit, shall be
authorized to remove a magistrate for cause.
Section 7. The costs and expenses of training required by
Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief
magistrate and other magistrates of Baldwin County, but such offi-
cers shall be reimbursed by the governing authority of Baldwin
County for such costs and expenses.
Section 8. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such adjudication shall in no manner affect the other
sections, subsections, sentences, clauses, or phrases of this Act, which
shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it
had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 9. (a) Except as otherwise provided in subsection (b) of
this section, this Act shall become effective July 1,1983.
(b) For the purpose of appointing the chief magistrate, subsec-
tion (a) of Section 2 of this Act shall become effective April 1,1983;
provided, however, that such officer shall not take office until July 1,
1983.
Section 10. 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 1983
session of the General Assembly of Georgia a bill to provide for the
selection of the magistrate or magistrates who will preside over the
magistrate court in Baldwin County; and for other purposes.
4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 17th day of January, 1983.
Culver Kidd
Senator,
25th District
Affidavit of Publication.
Georgia, Baldwin County.
I, Roger W. Coover, do solemnly swear that I am the Publisher of
The Union-Recorder, printed and published at Milledgeville in the
State of Georgia, and that from my personal knowledge and reference
to files of said publication the legal advertisement of: Culver Kidd:
Notice of Intention to Introduce Local Legislation (Magistrate Court,
Baldwin Co.) was inserted in space of legal advertisement as follows:
January 21,1983; January 28,1983; February 4,1983.
/s/ Roger W. Coover
Publisher
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Patsy Smith
Notary Public.
My Commission Expires 5/31/86.
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4031
CHATTAHOOCHEE COUNTY SUPERIOR COURT
CLERK FEE SYSTEM OF COMPENSATION
ABOLISHED AND ANNUAL SALARY PROVIDED.
No. 158 (Senate Bill No. 211).
AN ACT
To abolish the present mode of compensating the clerk of the
Superior Court of Chattahoochee County, known as the fee system; to
provide in lieu thereof an annual salary; to provide that 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 deputies and other personnel by said officer; to
provide for the compensation for such personnel; to provide when and
under what circumstances this Act shall become effective; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the clerk of the
Superior Court of Chattahoochee 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. (a) The clerk of superior court of Chattahoochee
County shall receive an annual salary of $11,340.00 and such annual
salary shall hereafter be not less than the minimum annual salary
provided by general law for clerks of superior court, provided that in
calculating the population of Chattahoochee County for such pur-
poses, the number of persons residing on Fort Benning property shall
not be included in the population of the county. In addition to said
annual salary, the clerk of superior court shall also receive $105.00 per
month for his or her services as clerk of juvenile court and such
monthly amount shall hereafter be increased by the same percentage
and at the, same time as any longevity increase to which the clerk
becomes entitled under the general law prescribing minimum annual
salaries for clerks of superior court.
4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The compensation of said officer shall be paid in equal
monthly installments from funds of Chattahoochee County.
Section 3. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites except compensation as
receiver of child support formerly allowed to said officer as compensa-
tion for services in any capacity, shall receive and hold the same in
trust for said county as public moneys, and shall pay the same into the
county treasury on or before the fifteenth day of each month next
following the month in which they were collected or received. This
Act shall not affect the right of the clerk of superior court to receive
and retain any compensation for his or her services as county receiver
of child support. At the time of each such monthly payment into the
county treasury, the clerk of the superior court shall furnish the
governing authority of the county a detailed, itemized statement,
under oath, of all such funds received during the preceding month by
such officer and paid into the county treasury. The statement shall
show the respective amounts of money collected and the source
thereof.
Section 4. With the approval of the county governing authority,
the clerk of superior court may appoint such deputies and other
personnel as are necessary to assist him or her in performing the
duties of clerk of superior court. The compensation of such deputies
and other personnel shall be fixed by the clerk of superior court with
the approval of the county governing authority. It shall be within the
sole power and authority of the clerk of the superior court, during his
or her term of office, to designate and name the persons who shall be
employed as such deputies and other personnel, to prescribe their
duties and assignments, and to remove or replace them at will.
Section 5. The necessary operating expenses of the clerk of the
superior courts office, expressly including the compensation of all
personnel and employees, shall be paid from any funds of the county
available for such purpose. All supplies, materials, books, furnishings,
furniture, and utilities as may be reasonably required in discharging
the official duties of said office shall be furnished by the county and
shall be paid from any funds of the county available for such purpose.
Section 6. This Act shall become effective only if a bill is
introduced and enacted at the 1983 regular session of the General
GEORGIA LAWS 1983 SESSION
4033
Assembly and becomes law, which bill provides that, for purposes of
determining the minimum annual salary of the clerk of superior court
in any county in which more than 50 percent of the population of the
county resides on certain property of the United States government,
the population of the county shall be deemed to be the total popula-
tion of the county minus the population of the county which resides
on property of the United States government; and if such other bill so
becomes law then this Act shall become effective on the first day of
the month following the month in which such other bill becomes law.
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
1983 session of the General Assembly of Georgia a bill to abolish the
present mode of compensating the clerk of the superior court of
Chattahoochee County, known as the fee system, to provide in lieu
thereof an annual salary; to provide that all fees, costs, or other
emoluments of said officer shall become the property of the county; to
provide for the collection of all such fees, costs, and emoluments; to
provide for periodic statements; to provide for the payment of the
operating expenses of said office; to provide for the employment of
deputies and other 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.
This 13th day of December, 1982.
/s/ Julian Greer
Chairman
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Hodge Timmons who, on
4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
oath, deposes and says that he is Senator from the 11th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Columbus Enquirer which is the
official organ of Chattahoochee County, on the following dates:
December 22,29,1982 and January 5,1983.
/s/ Jimmy Hodge Timmons
Senator,
11th District
Sworn to and subscribed before me,
this 18th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GWINNETT COUNTY COMPENSATION OF
CERTAIN OFFICIALS.
No. 159 (Senate Bill No. 208).
AN ACT
To provide that the governing authority of Gwinnett County shall
determine and establish the total annual compensation to be paid to
the judge of the probate court, the clerk of the superior court, the
sheriff, and the tax commissioner of Gwinnett County; to provide for
the minimum compensation for these officers; to provide for supple-
ments; to provide for payment of such annual compensation; to
GEORGIA LAWS 1983 SESSION
4035
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 minimum annual compensation to be paid
to the judge of the probate court, the clerk of the superior court, the
sheriff, and the tax commissioner of Gwinnett County shall not be
less than the annual compensation provided for in the most recent
local law setting the compensation for that officer or the annual
compensation provided for in the most recent general law establish-
ing a minimum annual compensation for that said officer, whichever
provides for the greater compensation.
(b) The governing authority of Gwinnett County may at its sole
discretion supplement the minimum compensation of each officer
provided in subsection (a) of this section. In determining the amount
of any such supplement to any county officer and whether or not to
provide such supplement, the governing authority of Gwinnett
County shall consider, but shall not be bound by, whether employees
in the office of that county officer receive compensation exceeding the
annual compensation of that officer.
Section 2. The governing authority of Gwinnett County shall
establish and determine, through the authority granted it in Section 1
of this Act, the total annual compensation to be paid to the judge of
the probate court, the clerk of the superior court, the sheriff, and the
tax commissioner of Gwinnett County, which compensation shall be
paid in equal monthly installments from the funds of Gwinnett
County.
Section 3. This Act shall become effective on July 1,1983.
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 1983
session of the General Assembly of Georgia, a bill to provide that the
governing authority of Gwinnett County shall determine and estab-
4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lish the total annual compensation to be paid to the judge of the
probate court, the clerk of the superior court, the sheriff, and the tax
commissioner of Gwinnett County; to provide for the minimum
compensation for these officers; to provide for supplements; and for
other purposes.
This 11th day of January, 1983.
Donn M. Peevy
Senator,
48th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Donn M. Peevy who, on oath, deposes
and says that he is Senator from the 48th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Home Weekly which is the official organ of
Gwinnett County, on the following dates: January 12,19,26,1983.
/s/ Donn M. Peevy
Senator,
48th District
Sworn to and subscribed before me,
this 4th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4037
FULTON COUNTY OFFICE OF JUSTICE OF
PEACE, ETC. ABOLISHED.
No. 160 (Senate Bill No. 132).
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, so as to
abolish the Office of Justice of the Peace and of Notary Public Ex
Officio Justice of the Peace and Constable in Fulton County; to
provide the procedure in connection therewith; 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 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, is further
amended by inserting following Section 2 thereof, two new subsec-
tions, which shall be known as Section 2 (a) and Section 2 (b), which
shall read as follows:
Section 2 (a). On the effective date of this amendment, all
justice courts and office of the justice of the peace and of notary
public ex officio justice of the peace and constable in Fulton County
are abolished.
Section 2 (b). All records, papers, books, suits of whatever
nature and kind, mesne and final process of whatever nature, and all
criminal matters that may be pending in the courts abolished by this
amendment at the time this amendment goes into effect are trans-
ferred to the court established by this Act, as amended, and such
court shall have jurisdiction of all matters so transferred for trial and
disposition under such rules and regulations as may be in effect in
such court, the same as in every other case pending in said court.
Section 2. This Act shall become effective May 1,1983. It is the
intent of this Act to abolish all courts and offices referred to in
Section 2 (a) quoted above, as of May 1,1983. However, in the event
4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that it should be judicially determined that any of such courts cannot
be abolished as of such date, the officers holding office may continue
therein to the expiration of their elected terms and shall then transfer
all of their books, records, and cases to the State Court of Fulton
County as provided in this Act.
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
1983 Session of the General Assembly of Georgia a bill to amend an
Act creating the State Court of Fulton County, approved February 24,
1976 (Ga. L. 1976, p. 3023), as amended, and for other purposes.
This 21st day of December, 1982.
John Tye Ferguson
Associate County
Attorney
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
23rd, 30th days of December, 1982, and on the 6th days of January,
1983. As provided by law.
GEORGIA LAWS 1983 SESSION
4039
/s/ Frances K. Beck
Subscribed and sworn to before me,
this 11th day of January, 1983.
/s/ April M. Elmore
Notary Public, Georgia State at Large.
My Commission Expires Feb. 17, 1986.
(Seal).
Approved March 14, 1983.
CITY OF SAVANNAH AND CHATHAM COUNTY
SCHOOL SYSTEM TERMS OF PRESIDENT AND
BOARD MEMBERS REFERENDUM.
No. 161 (Senate Bill No. 233).
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.
1968, p. 2636), as amended, particularly by an Act approved February
20,1970 (Ga. L. 1970, p. 2076), an Act approved March 27,1972 (Ga.
L. 1972, p. 3098), and an Act approved April 12,1982 (Ga. L. 1982, p.
4139), so as to change the terms of the president and members of tbe
board; 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 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 February
4040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
20,1970 (Ga. L. 1970, p. 2076), an Act approved March 27,1972 (Ga.
L. 1972, p. 3098), and an Act approved April 12,1982 (Ga. L. 1982, p.
4139), is amended by striking Section 3 thereof and inserting in its
place a new Section 3 to read as follows:
Section 3. (a) The board members serving from Education
Districts 4, 5, 6, and 8 upon the effective date of this section shall
serve out the terms to which they were elected, which shall expire
December 31, 1984, and until their respective successors are duly
elected and qualified under this subsection. At the general election
conducted in 1984, there shall be elected to the board members from
Education Districts 4,5,6, and 8, who shall take office on the first day
of January 1985. Members elected from Education Districts 4,5, and
6 at the 1984 general election shall serve for an initial term of office of
six years and until their successors are duly elected and qualified.
The member elected from Education District 8 at the 1984 general
election shall serve for an initial term of office of four years and until a
successor is duly elected and qualified. After these initial terms,
successors to members from Education Districts 4,5,6, and 8 shall be
elected in the general election conducted immediately prior to the
expiration of their respective terms of office, shall take office on the
first day of January following their election, and shall serve for a term
of office of six years and until their successors are duly elected and
qualified.
(b) The president of the board and the board members serving
from Education Districts 1, 2, 3, and 7 upon the effective date of this
section shall serve out the terms to which they were elected, which
shall expire December 31,1986, and until their respective successors
are duly elected and qualified under this subsection. At the general
election conducted in 1986, there shall be elected to the board the
president of the board and those members from Education Districts
1, 2, 3, and 7, all of whom shall take office on the first day of January,
1987. The president and members elected from Education Districts 1
and 7 at the 1986 general election shall serve for an initial term of
office of six years and until their successors are duly elected and
qualified. Members elected from Education Districts 2 and 3 at the
1986 general election shall serve for an initial term of office of two
years and until their successors are duly elected and qualified. After
these initial terms, successors to the president and members from
Education Districts 1, 2, 3, and 7 shall be elected in the general
election conducted immediately prior to the expiration of their
respective terms of office, shall take office on the first day of January
GEORGIA LAWS 1983 SESSION
4041
following their election, and shall serve for a term of office of six years
and until their successors are duly elected and qualified. No presi-
dent may succeed himself in office more than twice.
Section 2. On or after the date of the approval of this Act by the
Governor, or on or after the date it otherwise becomes law, and at
least 45 days before the time set for the beginning of qualifying for
candidates for the general primary in 1984, it shall be the duty of the
election superintendent of Chatham County to issue the call for an
election for the purpose of submitting this Act to the electors of
Chatham County for approval or rejection. The superintendent shall
set the date for such election for a day not less than 30 nor more than
35 days after the date of the issuance of the call. The superintendent
shall cause the date and purpose of the election to be published once a
week for two weeks immediately preceding the date thereof in the
official organ of Chatham County. The ballot shall have written or
printed thereon the words:
( ) YES Shall the Act changing the terms of
( ) NO the president and members of the
Board of Public Education for the
City of Savannah and the County of
Chatham and changing certain edu-
cation district designations be ap-
proved?
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 Chatham 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.
4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice is hereby given that there will be introduced at the 1983
Session of the Georgia General Assembly a Bill to amend an Act
approved March 21, 1968, (Ga. L. 1968, p. 2636) and related Acts,
pertaining to the Board of Education for the City of Savannah and
the County of Chatham and relating to the amount of compensation
paid to Members of the elected Board of Education and an Act to
amend the Districts from which they are elected and the length of the
terms that the elected Members shall serve on the Board of Education
and Acts relating to other matters relating to said Board of Educa-
tion.
This 29th day of December, 1982.
Edward H. Lee
School Board Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Tom Coleman, Jr. who, on oath,
deposes and says that he is Senator from the 1st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Georgia Gazette which is the official organ of
Chatham County, on the following dates: January 5,12,19,1983.
/s/ J. Tom Coleman, Jr.
Senator,
1st District
Sworn to and subscribed before me,
this 8th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4043
GORDON COUNTY MINIMUM COMPENSATION
FOR CERTAIN COUNTY OFFICERS.
No. 162 (Senate Bill No. 218).
AN ACT
To provide for minimum compensation for certain county officers
of Gordon County; to provide for definitions; to provide for qualifica-
tions; 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. As used in this Act, the following words or phrases
shall have the following meanings:
(a) General law means any of the following:
(1) Code Section 48-5-183 of the O.C.G.A., providing a
schedule of minimum salaries for the tax collectors and tax
commissioners of the various counties within the State of Georgia;
(2) Code Section 15-16-20 of the O.C.G.A., providing a
schedule of minimum salaries for the sheriffs of the various
counties within the State of Georgia;
(3) Code Sections 15-6-88 and 15-6-89 of the O.C.G.A.,
providing a schedule of minimum salaries for the clerks of the
superior courts of the various counties within the State of Georgia
and providing additional remuneration for certain services; or
(4) Code Sections 15-9-63 through 15-9-65 of the O.C.G.A.,
providing a schedule of minimum salaries for the judges of the
probate courts of the various counties within the State of Georgia
4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and providing for certain supplements and increases for terms
served, as now or hereafter amended.
(b) Gordon County officers means the sheriff, the tax commis-
sioner, the judge of the Probate Court, and the clerk of the Superior
Court of Gordon County.
Section 2. (a) On and after the effective date of this Act, each
Gordon County officer shall receive the annual salary fixed by local
law unless such annual salary is less than the minimum salary
provided for in this Act, in which event the provisions of this Act shall
apply. Each Gordon County officer shall receive an annual minimum
salary which shall be equal to the highest minimum salary, including
additional supplements and increases based on years of service,
established by any general law for any county officer of Gordon
County. Such salary shall be paid in equal monthly installments from
the funds of Gordon County. In the event that any local law provides
a salary for any of the county officers which is higher than such
minimum salary, such individual officer shall receive the higher
salary provided by local law; but no Gordon County officer shall
receive less than the minimum salary provided for in this Act.
(b) Each Gordon County officer shall also be entitled to any
expenses or allowances, other than salary, provided by local 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.
There will be introduced in the regular 1983 Session of the Georgia
General Assembly legislation to provide for a method of determining
and equalizing the compensation of the Sheriff, the Tax Commis-
sioner, the Judge of the Probate Court, and the Clerk of the Superior
Court in Gordon County; to provide that salaries for any such office
shall not be less than that as determined by any general law applica-
ble to such offices; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
4045
Max Brannon
Senator,
51st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Max Brannon who, on oath, deposes
and says that he is Senator from the 51st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Calhoun Times which is the official organ of
Gordon County, on the following dates: January 5,12,19,1983.
/s/ Max Brannon
Senator,
51st District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ROCKMART RECORDER AUTHORITY TO
PUNISH FOR LAW VIOLATIONS AND CONTEMPT.
No. 163 (Senate Bill No. 183).
AN ACT
To amend an Act reincorporating the City of Rockmart and
creating a new charter for said city, approved April 8, 1968 (Ga. L.
1968, p. 3224), as amended, so as to increase the maximum fine which
may be imposed by the recorder of the City of Rockmart for violations
of laws or ordinances and for contempt; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act reincorporating the City of Rockmart and
creating a new charter for said city, approved April 8, 1968 (Ga. L.
1968, p. 3224), as amended, is amended by striking Section 6.03 in its
entirety and substituting in lieu thereof a new Section 6.03 to read as
follows:
Section 6.03. Jurisdiction, fines, imprisonment, and contempt.
The recorder shall have power to impose fines, costs, and forfeitures
for the violation of any law or ordinance of the City of Rockmart
passed in accordance with this charter, to an amount not to exceed
$1,000.00, to imprison offenders for a period of not more than 90 days,
or at labor on the roads and streets or other public works of said city
for not more than six months; and the said recorder shall have the
power and authority to impose any one or more of these punishments
when he shall find that the facts of the case so justify. Said recorder
shall not have the authority to inflict a greater punishment for
contempt than to impose a fine of $100.00 or imprisonment not
exceeding ten 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
Rockmart, which warrants may be executed by any police officer of
said city, and to commit the offenders to jail or admit them to bail in
bailable cases for their appearance at the next term of court of
competent jurisdiction to be held in said city. The recorders court
shall also have concurrent jurisdiction with that of the justice of the
GEORGIA LAWS 1983 SESSION
4047
peace over offenses against the criminal laws of the state committed
within the corporate limits. Except as may be herein otherwise
specified, the recorder is vested with all of the jurisdiction and powers
as to the entire area within the corporate limits of the City of
Rockmart. The recorders court is specifically invested with all
jurisdiction and powers through the entire area within the corporate
limits granted by state laws generally to mayors, recorders, and police
courts, and particularly such laws as authorize the abatement of
nuisances.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Introduction of Local Legislation.
Notice is hereby given that there will be introduced at the next
Session of the General Assembly of Georgia local legislation to amend
the Charter of the City of Rockmart in the following particulars:
To amend Section 6.03 of Article VI of the Charter of the City of
Rockmart, Georgia, so that the same will provide an increase in the
maximum pecuniary fine, costs and forfeitures for the violation of any
law or ordinance of the City of Rockmart from $300.00 to $1,000.00;
and to increase the maximum pecuniary fine for punishment for
contempt from $25.00 to $100.00. Except as so amended, all other
provisions of Section 6.03 shall remain in full force and effect.
Copies of the Proposed Amendments are on file with the Office of
the Clerk of the City of Rockmart, Georgia for the purpose of
examination and inspection by the public during normal daily busi-
ness hours.
Dated: December 14,1982.
/s/ George H. Scott, Mayor
City of Rockmart, Georgia
4048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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: January 13,20,27,1983.
/s/ Nathan Dean
Senator,
31st District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
MACON COUNTY BOARD OF COMMISSIONERS
COMPENSATION OF CHAIRMAN AND OTHER MEMBERS.
No. 164 (Senate Bill No. 168).
AN ACT
To amend an Act creating a board of commissioners for Macon
County, approved August 26,1872 (Ga. L. 1872, p. 434), as amended,
GEORGIA LAWS 1983 SESSION
4049
particularly by an Act approved March 25,1974 (Ga. L. 1974, p. 3372),
so as to change the compensation of the chairman and other members
of the board of commissioners of Macon County; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Macon
County, approved August 26,1872 (Ga. L. 1872, p. 434), as amended,
particularly by an Act approved March 25,1974 (Ga. L. 1974, p. 3372),
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 chairman of the board of commissioners of Macon
County shall receive an annual salary of $3,600.00, payable in equal
monthly installments from county funds. Each of the other commis-
sioners of such board shall receive an annual salary of $3,000.00,
payable in equal monthly installments from county funds.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Legislation.
Notice is hereby given that there will be introduced in the General
Assembly of this State at the 1983 Session thereof, convening on 10
January, 1983, a local bill to amend an Act creating a Board of
Commissioners of Roads and Revenues for Macon County, approved
August 28,1872 (Ga. L. 1872, p. 434), as amended, by an Act (Ga. L.
1912, p. 419), also amended (Ga. L. 1937, p. 1368), also amended (Ga.
L. 1961, p. 3449), also amended (Ga. L. 1974, p. 3372), so as to increase
the compensation for County Commissioners.
This Notice to apply for local legislation is given pursuant to
requirements of law.
4050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 4th day of January, 1983.
Macon County Board of
Commissioners
J. Neal Bentley, Chairman
Georgia, Macon County.
Personally appeared before me, the undersigned authority, duly
authorized by law to administer oaths, Julian C. Cox, who, under
oath, deposes and states that he is the Publisher of the Citizen and
Georgian Newspaper,which is the official organ of Macon County,
Georgia, and that the attached copy of Notice of Intent to Introduce
Local Legislation was published in said Citizen and Georgian News-
paper on the following dates: January 12th, 19th, and 26th, 1983.
This 27th day of January, 1983.
/s/ Julian C. Cox
Sworn to and subscribed before me,
this 27th day of January, 1983.
/s/ Donald L. Lambeth
Notary Public, State of Ga.
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4051
JONES COUNTY PROBATE JUDGE METHOD
OF COMPENSATING.
No. 165 (Senate Bill No. 160).
AN ACT
To amend an Act abolishing the present mode of compensating
the judge of the Probate Court of Jones County, known as the fee
system, and providing in lieu thereof an annual salary, approved
March 25,1975 (Ga. L. 1975, p. 2796), as amended, so as to change the
compensation provisions relating to the judge of the probate court; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the present mode of compensating
the judge of the Probate Court of Jones County, known as the fee
system, and providing in lieu thereof an annual salary, approved
March 25, 1975 (Ga. L. 1975, p. 2796), as amended, is amended by
striking Section 2 in its entirety and inserting in lieu thereof a new
Section 2 to read as follows:
Section 2. The judge of the Probate Court of Jones County shall
receive an annual salary in the amount provided by Code Sections 15-
9-63 and 15-9-65 of the O.C.G.A., as now or hereafter amended;
provided, however, that effective July 1, 1983, the judge of the
probate court shall receive an annual salary of $20,500.00, payable in
equal monthly installments from county funds; and provided, fur-
ther, that effective January 1, 1984, the judge of the probate court
shall receive an annual salary of $22,500.00, payable in equal monthly
installments from county funds.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
4052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
placing the judge of the probate court of Jones County on an annual
salary, approved March 25, 1975 (Ga. L. 1975, p. 2796), as amended;
and for other purposes.
This 30th day of December, 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 is Senator from the 25th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Jones County News which is the official organ of
Jones County, on the following dates: December 30,1982, January 6,
13,1983.
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 26th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4053
FULTON COUNTY STATE COURT ^ SUBSIDY TO
BE PAID FOR PUBLISHING COURT CALENDAR, ETC.
No. 166 (Senate Bill No. 155).
AN ACT
To amend an Act creating the State Court of Fulton County,
approved March 24,1976 (Ga. L. 1976, p. 3023), as amended, particu-
larly by an Act creating the office of magistrate of said court,
approved March 25,1980 (Ga. L. 1980, p. 3735), so as to authorize the
county to pay a publication subsidy to certain newspapers for print-
ing the court calendar; to change the offenses for which the magistrate
may not set bond; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Fulton County,
approved March 24,1976 (Ga. L. 1976, p. 3023), as amended, particu-
larly by an Act creating the office of magistrate of said court,
approved March 25,1980 (Ga. L. 1980, p. 3735), is amended by adding
between Section 11 and Section 12 thereof a new Section 11.1 to read
as follows:
Section 11.1. The Board of Commissioners of Fulton County
shall pay over to the publisher of the newspaper which publishes legal
notices for the sheriff of Fulton County a publication subsidy in the
sum of $550.00 per week for each week in which said newspaper
publishes the calendar for the Civil and Criminal Division of the state
court during the preceding month. This subsidy shall be compensa-
tion for printing and publishing said calendars and shall be in lieu of
any publication subsidy authorized by any other local Act relating to
the state court.
4054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act creating the State Court of Fulton County, approved February 24,
1976 (Ga. L. 1976, p. 3023), as amended, and for other purposes.
This 21st day of December, 1982.
John Tye Ferguson
Associate County
Attorney
Fulton County
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
23rd, 30th days of December, 1982, and on the 6th days of January,
1983. As provided by law.
/s/ Frances K. Beck
GEORGIA LAWS 1983 SESSION
4055
Subscribed and sworn to before me,
this 11th day of January, 1983.
/s/ April M. Elmore
Notary Public, Georgia State at Large.
My Commission Expires Feb. 17, 1986.
(Seal).
Approved March 14, 1983.
FULTON COUNTY AUTHORITY TO ADOPT
ORDINANCES AND REGULATIONS, ETC.
No. 167 (Senate Bill No. 140).
AN ACT
To authorize the governing authority of Fulton County to adopt
ordinances and regulations for the governing of the policing of the
unincorporated areas of said county, in accordance with the provi-
sions of the Constitution of this state and to provide penalties for the
violation of such ordinances and to designate the court or courts
which shall have jurisdiction in Fulton County over such offenses; 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 accordance with the authority granted by an
amendment to the Constitution of the State of Georgia, proposed by a
resolution appearing in Ga. L. 1976, p. 1880, the governing authority
of Fulton County is authorized and empowered to adopt ordinances
and regulations, including traffic regulations, for the governing and
policing of the unincorporated areas of said county, for the purpose of
protecting and preserving the health, safety, welfare, and morals of
4056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the citizens thereof, as it may deem advisable, not in conflict with
general laws of this state and of the United States; and for the
implementation and enforcement of all duties and powers now or
hereafter vested in said governing authority. Said governing author-
ity is further authorized and empowered to provide penalties for
violation of said ordinances or regulations, setting the nature and
amount of such penalty or punishments, and is further authorized to
designate the court or courts which shall have jurisdiction in Fulton
County over such offenses.
Section 2. This Act shall become effective when it is approved by
the Governor or otherwise becomes a law. Provided, however, that
nothing herein shall invalidate any rules or regulations heretofore
enacted by the governing authority of Fulton County.
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
1983 Session of the General Assembly of Georgia a bill to authorize
the governing authority of Fulton County to adopt ordinances and
regulations for the governing and policing of the unincorporated areas
of said County, and for other purposes.
This 21st day of December, 1982.
John Tye Ferguson
Associate County
Attorney
Fulton County
GEORGIA LAWS 1983 SESSION
4057
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
23rd, 30th days of December, 1982, and on the 6th days of January,
1983. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me,
this 11th day of January, 1983.
/s/ Judith L. Bray
Notary Public, Georgia State at Large.
My Commission Expires Nov. 30, 1986.
(Seal).
Approved March 14, 1983.
BRUNSWICK AND GLYNN COUNTY DEVELOPMENT
AUTHORITY JEKYLL ISLAND-STATE PARK
AUTHORITY POWER TO CONTRACT ONE WITH
THE OTHER, ETC.
No. 169 (Senate Bill No. 124).
AN ACT
To amend an Act implementing the Brunswick and Glynn County
Development Authority, approved April 2, 1963 (Ga. Laws i963, p.
4058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2826), as amended by an Act approved March 30, 1965 (Ga. Laws
1965, p. 2928), and an Act approved April 9,1981 (Ga. Laws 1981, p.
4335), which Act was enacted pursuant to an amendment to the
Constitution set forth at Ga. Laws 1962, p. 810, so as to provide that
the Authority and the Jekyll Island-State Park Authority each shall
have the power to contract one with the other; to provide that upon
certain conditions, the powers of the Authority regarding projects
shall apply and extend to projects located within the territory con-
trolled by the Jekyll Island-State Park Authority; to provide that the
Authority shall not be empowered or authorized in any manner to
create an obligation or indebtedness of the Jekyll Island-State Park
Authority; to provide for other matters relative to the foregoing; to
provide for severability; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act implementing the Brunswick and Glynn
County Development Authority, approved April 2, 1963 (Ga. Laws
1963, p. 2826), as amended by an Act approved March 30,1965 (Ga.
Laws 1965, p. 2928), and an Act approved April 9, 1981 (Ga. Laws
1981, p. 4335), which Act was enacted pursuant to an amendment to
the Constitution set forth at Ga. Laws 1962, p. 810, is hereby amended
by adding a new Section numbered 8.1 to read as follows:
Section 8.1 The Authority and the Jekyll Island-State Park
Authority each shall have the power to contract one with the other.
Upon the request and approval of the Jekyll Island-State Park
Authority, and in accordance with terms and conditions agreed upon
by and between the Authority and the Jekyll Island-State Park
Authority, the powers of the Authority regarding projects shall apply
and extend to projects, as defined in this Act, located within the
territory controlled by the Jekyll Island-State Park Authority. The
Authority shall not be empowered or authorized in any manner to
create an obligation or indebtedness of the Jekyll Island-State Park
Authority.
GEORGIA LAWS 1983 SESSION
4059
Section 2. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional by a Court of competent jurisdiction, 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 by a Court of
competent jurisdiction, were not originally a part hereof. The Gen-
eral Assembly hereby declares that it would have passed the remain-
ing parts of this Act if it had known that such part or parts hereof
would be declared or adjudged invalid or unconstitutional.
Section 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
1983 Session of the General Assembly of the State of Georgia a bill to
amend an Act implementing the Brunswick and Glynn County Devel-
opment Authority, approved April 2,1963 (Ga. Laws 1963, p. 2826), as
amended, which Act was enacted pursuant to an amendment to the
Constitution set forth at Ga. Laws 1962, p. 810, so as to provide that
the Authority and the Jekyll Island-State Park Authority each shall
have the power to contract one with the other; to provide that upon
certain conditions the powers of the Authority regarding projects
shall apply and extend to projects located within the territory con-
trolled by the Jekyll Island-State Park Authority; to provide that the
Authority shall not be empowered or authorized in any manner to
create an obligation or indebtedness of the Jekyll Island-State Park
Authority; to provide for other matters relative to the foregoing; to
provide for severability; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
This 20th day of December, 1982.
4060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The Jekyll Island-
State Park Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Littlefield who, on oath, deposes
and says that he is Senator from the 6th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Brunswick News which is the official organ of
Glynn County, on the following dates: December 22, 29, 1982, and
January 5,1983.
/s/ Bill Littlefield
Senator,
6th District
Sworn to and subscribed before me,
this 18th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4061
CITY OF UNION POINT AUTHORITY TO ASSESS
FINES AND PUNISHMENT.
No. 170 (Senate Bill No. 111).
AN ACT
To amend an Act providing a new charter for the City of Union
Point, approved March 16,1978 (Ga. L. 1978, p. 3966), as amended, so
as to change certain fines; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Union
Point, approved March 16,1978 (Ga. L. 1978, p. 3966), as amended, is
amended by striking from Section 7.15 the following:
three hundred dollars,
and inserting in its place the following:
$1,000.00,
so that when so amended said section shall read as follows:
Section 7.15. Penalties. The violation of any provisions of this
charter, for which a penalty is not specifically provided for herein, is
hereby declared to be a misdemeanor and shall be punishable by a
fine of not more than $1,000.00 or by imprisonment not to exceed 90
days or both such fine and imprisonment.
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
1983 session of the General Assembly of Georgia a bill to amend an
4062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Act creating a new charter for the City of Union Point, approved
March 16,1978 (Ga. Laws 1978 p. 3966); and for other purposes.
This 14th day of December, 1982.
Ben Stewart, Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Sam P. McGill who, on oath, deposes
and says that he is Senator from the 24th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Herald Journal which is the official organ of
Greene County, on the following dates: December 17,24,31,1982.
/s/ Sam P. McGill
Senator,
24th District
Sworn to and subscribed before me,
this 17th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4063
FULTON COUNTY PROBATE COURT JUDGE
NONPARTISAN ELECTION.
No. 171 (Senate Bill No. 105).
AN ACT
To provide for the nonpartisan nomination and election of the
judge of the Probate Court of Fulton County; to provide for the
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 of Fulton County
shall be elected by the qualified voters of Fulton 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
4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia, a bill providing that
the Judge of the Probate Court of Fulton County will be nominated
and elected on a non-partisan basis, to provide for matters relative
thereto, and for other purposes.
This 21st day of December, 1982.
John Tye Ferguson
Assistant County
Attorney
Fulton County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Paul Coverdell who, on oath, deposes
and says that he is Senator from the 40th District, and that the
GEORGIA LAWS 1983 SESSION
4065
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 23, 30,
1982 and January 6,1983.
/s/ Paul Coverdell
Senator,
40th District
Sworn to and subscribed before me,
this 17th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
CATOOSA COUNTY COMPENSATION AND
ALLOWANCES OF COMMISSIONER, ETC.
No. 172 (House Bill No. 776).
AN ACT
To amend an Act creating the office of commissioner of Catoosa
County, approved February 23, 1943 (Ga. L. 1943, p. 858), as
amended, particularly by an Act approved April 22,1981 (Ga. L. 1981,
p. 4922), so as to change the compensation and allowances of the
commissioner and provide for an automobile for the commissioners
use on county business; to provide for personnel in the office of
commissioner and the compensation thereof; to delete certain provi-
4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sions relating to the audit of the superintendent of public schools; to
delete certain provisions relating to budget and audits and require
conformity with the general laws relating thereto; to provide am
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of commissioner of
Catoosa County, approved February 23,1943 (Ga. L. 1943, p. 858), as
amended, particularly by an Act approved April 22,1981 (Ga. L. 1981,
p. 4922), is amended by striking Section 9 thereof and inserting in its
place a new Section 9 to read as follows:
Section 9. (a) The commissioner of Catoosa County shall be
paid an annual salary of $23,000.00, which shall be paid in equal
monthly installments from the funds of Catoosa County. The com-
missioner shall be authorized to purchase, at county expense, one
automobile for use outside and inside the county for official county
business, which automobile may be replaced with a new automobile at
county expense no more often than once every two years. The
commissioner shall also be paid the sum of $3,000.00 per year for
traveling expenses outside and inside the county for official county
business, wbich shall be paid in equal monthly installments from
funds of Catoosa County.
(b) The commissioner may employ one administrative assistant.
The salary of that assistant shall be as established by the commis-
sioner but shall not exceed $21,000.00 per year. The commissioner
may also employ clerical assistants, to be paid an amount not to
exceed $25,000.00 per year. In the event the maximum allowance for
the assistant or clerical assistance is not needed for such purpose, the
unused portion thereof shall remain as part of the general funds of the
county.
(c) The commissioner shall keep his office at the courthouse
open from 9:00 A.M. to 5:00 P.M. Monday through Friday, except
holidays.
Section 2. Said Act is further amended by striking from Sec-
tion 11 thereof the following:
the sheriff, the superintendent of public schools,,
GEORGIA LAWS 1983 SESSION
4067
and inserting in its place the following:
the sheriff.
Section 3. Said Act is further amended by striking Sections 16
and 16.1 thereof and inserting in their place new Sections 16 and 16.1
to read as follows:
Section 16. The local government of Catoosa County shall
conform to the budget requirements of Chapter 81 of Title 36 of the
O.C.G.A,
Section 16.1. The local government of Catoosa County shall
conform to the auditing requirements of Chapter 81 of Title 36 of the
O.C.G.A.
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a Bill to amend an
Act establishing the Commissioner of Roads and Revenue of Catoosa
County, Georgia, so as to amend said Act relating to the salary and
expenses of the Commissioner, clerical help, and for other purposes.
This 3rd day of January, 1983.
James A. Moreland
Commissioner of Roads
and Revenue,
Catoosa County, Georgia
4068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Proof of Publication.
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which Sheriffs advertisements are published in Catoosa County,
Georgia, and that the notice shown below has been duly and regularly
published in The Catoosa County news three times, on the issues
dated, to-wit: January, 6,13 and 20th, 1983.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 21 day of January, 1983.
/s/ Juanita Caldwell
Notary Public, Georgia State at Large.
My Commission Expires April 22, 1985.
(Seal).
Approved March 14, 1983.
CATOOSA COUNTY SHERIFF FISCAL YEAR
OF OFFICE.
No. 173 (House Bill No. 777).
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.
GEORGIA LAWS 1983 SESSION
4069
1977, p. 5114), as amended, particularly by an Act approved April 21,
1982 (Ga. L. 1982, p. 5114), so as to provide for a change in fiscal year
for the sheriffs office; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the fiscal administration of the
office of sheriff of Catoosa County, approved March 23,1977 (Ga. L.
1977, p. 5114), as amended, particularly by an Act approved April 21,
1982 (Ga. L. 1982, p. 5114), is amended by striking subsection (a) of
Section 4 and inserting in its place a new subsection (a) to read as
follows:
(a) The fiscal year for the sheriffs office shall correspond to
that fiscal year established by the commissioner of Catoosa County
for the operations of the local government of Catoosa County. 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 effi-
cient operation of his office for the ensuing year. The proposed
budget shall not exceed the maximum limitation provided for in
subsection (d) of this section and shall show the estimated amounts of
all proposed expenditures for staffing, operating, and equipping the
sheriffs office and jail, other than construction, repair, or capital
improvements of county buildings during said fiscal year. The pro-
posed 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;
4070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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; and
(F) Miscellaneous;
(5) Automobiles and equipment, subject to the limitations
provided for by subsection (e) of this section;
(6) Investigations;
(7) Salaries for jailers, cooks, and secretarial help; and
(8) All proposed expenditures for operating the county jail
and caring for the prisoners, unless already itemized under para-
graphs (1) through (7) of this subsection (a).
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
1983 Session of the General Assembly of Georgia a Bill relative to the
Office of the Sheriff and the Sheriffs Department of Catoosa County,
Georgia, for the purpose of setting a budget, establishing a fiscal year,
and for other purposes.
GEORGIA LAWS 1983 SESSION
4071
This 3rd day of January, 1983.
Robert G. Peters
Representative,
Third District
Proof of Publication.
Georgia,
Catoosa County.
Before me, an officer duly authorized by law to administer oaths,
appeared Jim Caldwell, who on oath states that he is publisher of The
Catoosa County News, a newspaper of general circulation and one in
which Sheriffs advertisements are published in Catoosa County,
Georgia, and that the notice shown below has been duly and regularly
published in The Catoosa County News three times, on the issues
dated, to-wit: January 6,13, and 20,1983.
/s/ Jim Caldwell
Sworn to and subscribed before me,
this the 21 day of January, 1983.
/s/ Juanita Caldwell
Notary Public, Georgia State at Large.
My Commission Expires Apr. 22, 1985.
(Seal).
Approved March 14, 1983.
4072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DUBLIN CITY COURT MAXIMUM
FINING AND PUNISHMENT AUTHORITY.
No. 174 (House Bill No. 803).
AN ACT
To amend an Act providing a new charter for the City of Dublin,
Georgia, approved April 11,1979 (Ga. L. 1979, p. 3568), as amended,
so as to increase the maximum fine of the city court from $500.00 to
$1,000.00; to increase maximum imprisonment from 60 days to 12
months; to increase the maximum sentence to labor in a city work
gang from 30 days to 60 days; to change the method of appointing a
judge to serve in the event of the disqualification, sickness, absence,
or inability of the city judge to act in any case; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section L An Act providing a new charter for the City of Dublin,
Georgia, approved April 11,1979 (Ga. L. 1979, p. 3568), as amended,
is amended by striking subsection (c) of Section 5.2 in its entirety and
inserting in lieu thereof a new subsection (c) to read as follows:
(c) The city court may fix punishment for offenses within its
jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12
months, 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 60 days.
Section 2. Said Act is further amended by striking Section 5.4 in
its entirety and inserting in lieu thereof a new Section 5.4 to read as
follows:
Section 5.4. Appointment of Judge Pro Hac Vice. Whenever the
city judge is disqualified to act in any case or because of sickness,
absence, or any other reason is unable to act in any case, the city judge
may appoint a judge pro hac vice to preside and exercise all of the
functions of city judge in that case. If the city judge is unable to
appoint a judge pro hac vice, or during a vacancy in the office of city
judge, the mayor and council may appoint a judge pro hac vice by
resolution. Any person appointed as judge pro hac vice shall be an
GEORGIA LAWS 1983 SESSION
4073
attorney at law who has been licensed to engage in the practice of law
in Georgia for a minimum of two years at the time of the appointment.
The order or resolution appointing a judge pro hac vice shall provide
for compensation which shall not exceed the sum of $100.00 per day.
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 Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, a bill to amend the
charter of the City of Dublin, Georgia, approved April 11,1979 (Ga.
Laws 1979, p. 3569).
This 18th day of January, 1983.
S. DuBose Porter
Representative,
119th District
Affidavit of Publication.
Georgia, Laurens County.
Personally appeared before the undersigned authority, duly
authorized to administer oaths, S. DuBose Porter, who, being duly
sworn, deposes and says that he is Representative for the 119th
District and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in the Courier Herald which is
the official organ of Laurens County, Georgia, on the following dates:
4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
January 22,29 and February 5,1983.
/s/ S. DuBose Porter
Representative,
119th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 14, 1983.
TOWNS COUNTY SHERIFF COMPENSATION, ETC.
No. 175 (House Bill No. 804).
AN ACT
To amend an Act placing the sheriff of Towns County on an
annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p.
2216), as amended, particularly by an Act approved March 5, 1976
(Ga. L. 1976, p. 2824) and by an Act approved April 11,1979 (Ga. L.
1979, p. 3398), so as to change the compensation of the sheriff; to
change the provisions relating to deputies; to change the provisions
relating to automobiles; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1983 SESSION
4075
Section 1. An Act placing the sheriff of Towns County on an
annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p.
2216), as amended, particularly by an Act approved March 5, 1976
(Ga. L. 1976, p. 2824) and by an Act approved April 11,1979 (Ga. L.
1979, p. 3398), is amended by striking Section 2 in its entirety and
substituting in lieu thereof a new Section 2 to read as follows:
Section 2. The sheriff shall receive an annual salary of
$16,500.00, payable in equal monthly installments from the funds of
Towns County.
Section 2. Said Act is further amended by striking subsection (a)
of Section 4 in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) The sheriff shall be authorized to employ a chief deputy and
fix his compensation at not less than $900.00 nor more than $1,000.00
per month. The sheriff shall also be authorized to employ an addi-
tional deputy and fix his compensation at not less than $850.00 nor
more than $950.00 per month. The sheriff shall also be authorized to
employ a part-time deputy for not more than two days each week and
to fix the compensation of such part-time deputy at a per diem
amount which shall not exceed the average compensation other
deputies would receive if they were compensated on a per diem basis.
The governing authority of Towns County, with the approval of the
sheriff, shall be authorized to increase the compensation of such
personnel, notwithstanding the limitations provided for herein, to
such amount as the governing authority shall determine. The com-
pensation of other deputies employed by the sheriff shall not be less
than $850.00 and not more than $950.00 per month. The compensa-
tion of such personnel shall be paid from the funds of Towns County.
Section 3. Said Act is further amended by striking subsection
(b) of Section 5 and substituting in lieu thereof a new subsection (b)
to read as follows:
(b) The governing authority of Towns County shall furnish the
sheriff with at least two police-equipped automobiles and shall pro-
vide for the repair and maintenance of said automobiles. The
governing authority shall purchase a new replacement for one of said
automobiles annually and may replace either or both of said automo-
biles at any time if the automobile is damaged or otherwise becomes
unserviceable. The sheriff and his deputies shall furnish their own
handguns.
4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
placing the Sheriff of Towns County on an annual salary, approved
June 30, 1964, (Ga. L. 1964, p. 2216), as amended; and for other
purposes.
This 7th day of January, 1983.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ralph Twiggs, who, on oath, deposes
and says that he is Representative from the 4th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Towns County Herald which is the official organ
of Towns County, on the following dates: January 14,21,28,1983.
/s/ Ralph Twiggs
Representative,
4th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4077
FULTON COUNTY CONSTITUTIONAL AMENDMENT
CREATING INDUSTRIAL DISTRICT CONTINUED.
No. 176 (House Bill No. 85).
AN ACT
To provide for authority; to continue in force and effect as part of
the Constitution ratified at the general election in 1982 that Constitu-
tional Amendment Number 76 (Res. Act 22, H.R. 10-35, Ga. L. 1979,
p. 1797), duly ratified at the 1980 general election and proclaimed by
the Governor to be a part of the Constitution of 1976, which amend-
ment creates within Fulton County the Fulton County Industrial
District and prohibits the governing authority of Fulton County from
levying any tax for educational purposes on taxable property within
Fulton County which is located within the boundaries of an indepen-
dent school system; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. This Act is passed pursuant to Article XI, Section I,
Paragraph IV of the Constitution, authorizing the continuation of
certain amendments to the Constitution.
Section 2. Constitutional Amendment Number 76 (Res. Act 22,
H.R. 10-35, Ga. L. 1979, p. 1797), duly ratified at the 1980 general
election and proclaimed by the Governor to be a part of the Constitu-
tion of 1976, which amendment creates within Fulton County the
Fulton County Industrial District and prohibits the governing
authority of Fulton County from levying any tax for educational
purposes on taxable property within Fulton County which is located
within the boundaries of an independent school system, shall not be
repealed or deleted upon July 1, 1987, as part of the Constitution
ratified at the general election in 1982 but is specifically continued in
force and effect on and after that date as part of that Constitution.
4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. This Act shall become effective July 1,1983.
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
1983 Session of the General Assembly of Georgia, a bill to continue in
force and effect an amendment to the Constitution of Georgia that
created in Fulton County a special district to be known as the Fulton
County Industrial District, and for other purposes.
This 23rd day of December, 1982.
John Tye Ferguson
Associate County
Attorney,
Fulton County
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
24,31 days of Dec., 1982, and on the 7 day of Jan., 1983. As provided
by law.
/s/ Frances K. Beck
GEORGIA LAWS 1983 SESSION
4079
Subscribed and sworn to before me,
this 11 day of January, 1983.
/s/ April M. Elmore
Notary Public, Georgia State at Large.
My Commission Expires Feb. 17, 1986.
(Seal).
Approved March 14, 1983.
SUMTER COUNTY COMPENSATION FOR
CERTAIN OFFICIALS.
No. 177 (House Bill No. 193).
AN ACT
To provide that the governing authority of Sumter County shall
determine and establish the total annual compensation to be paid to
the judge of the probate court, the clerk of the superior court, the
sheriff, and the tax commissioner of Sumter County; to provide for
the minimum compensation for these officers; to provide for supple-
ments; 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. (a) The minimum annual compensation to be paid
to the judge of the probate court, the clerk of the superior court, the
sheriff, and the tax commissioner of Sumter County shall not be less
than the annual compensation provided for in any local law setting
the compensation for that officer or the annual compensation pro-
vided for in any general law establishing a minimum annual compen-
sation for that officer, whichever provides for the greater compensa-
tion.
4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The governing authority of Sumter County may at its sole
discretion supplement the minimum compensation of each officer
provided in subsection (a) of this section.
Section 2. The governing authority of Sumter County shall
establish and determine, through the authority granted it in Section 1
of this Act, the total annual compensation to be paid to the judge of
the probate court, the clerk of the superior court, the sheriff, and the
tax commissioner of Sumter County.
Section 3. This Act shall become effective on July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Pursuant to the authority of the constitution of Georgia which
shall become effective July 1,1983, notice is given that there will be
introduced at the regular 1983 session of the General Assembly a bill
to provide for the minimum annual compensation for the judge of the
probate court, the clerk of the superior court, the sheriff, and the tax
commissioner of Sumter County; to authorize the governing authority
of Sumter County; to provide a supplement to such minimum com-
pensation so as to establish the total annual compensation for such
officers; 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, George Hooks, who, on oath, deposes
and says that he is Representative from the 116th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the American Times Recorder which is the
official organ of Sumter County, on the following dates: December 24,
31,1982 and January 7,1983.
GEORGIA LAWS 1983 SESSION
4081
/s/ George Hooks
Representative,
116th District
Sworn to and subscribed before me,
this 14th day of January 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
JONES COUNTY MAGISTRATE COURT
APPOINTMENT AND COMPENSATION OF
MAGISTRATES, ETC.
No. 180 (Senate Bill No. 273).
AN ACT
To provide for the appointment of the chief magistrate and other
magistrates of the Magistrate Court of Jones County; to provide for
terms of office; to provide for the appointment of other court person-
nel; to provide for filling vacancies; to provide for the compensation of
the chief magistrate and other magistrates and of other court person-
nel; to excuse the chief magistrate from certain jury duty; to provide
for reimbursing the chief magistrate and other magistrates for their
costs and expenses of training; to provide for severability; to provide
effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. It is the intent of this Act to implement certain
changes required by Article VI of the Constitution of the State of
Georgia and authorized by general law.
Section 2. (a) The Governor, with the advice and consent of the
Senators and Representatives of the districts in which Jones County
is located, shall appoint a duly qualified person to be the chief
magistrate of the Magistrate Court of Jones County to serve for a
term of office commencing July 1, 1983, and expiring February 1,
1987. Successors to such chief magistrate shall be appointed in a like
manner for terms of four years.
(b) Any other magistrate taking office in Jones County on July 1,
1983, shall continue in office for a term which shall expire on the date
of expiration of the term which he was serving in such other capacity.
Such other magistrates shall thereafter be appointed by the chief
magistrate of the Magistrate Court of Jones County for terms which
expire on the date that the term of office of the chief magistrate
expires. The chief magistrate shall not appoint more than four
magistrates for said magistrate court.
(c) The clerk of the magistrate court, constables, and other court
personnel of the magistrate court shall be appointed by the chief
magistrate; provided, however, that the number of such court person-
nel shall be approved by the governing authority of Jones County.
(d) The chief magistrate appointed to the Magistrate Court of
Jones County shall be exempt from jury duty in the superior court or
any other court existing or which may be created or established in
Jones County.
Section 3. (a) A vacancy in the office of chief magistrate of the
Magistrate Court of Jones County shall be filled in the same manner
as the original appointment for the remainder of the unexpired term.
(b) A vacancy in the office of any other magistrate shall be filled
by appointment by the chief magistrate for the remainder of the
unexpired term.
Section 4. (a) The chief magistrate shall receive an annual
salary of $15,000.00 which shall be paid in equal monthly installments
or equal semimonthly installments, as determined by the governing
authority of Jones County, from the funds of such county. On and
GEORGIA LAWS 1983 SESSION
4083
after January 1,1984, when the governing authority of Jones 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 chief magistrate, and the salary of the chief magistrate
shall be increased by such average percentage.
(b) The governing authority of Jones County shall fix the sala-
ries of the other magistrates and the compensation of the clerk of the
court, the constables, and other court personnel. Such salaries or
other compensation shall not be less than the minimum wage, and
such court officers and personnel shall be entitled to other benefits
provided for county employees.
Section 5. The costs and expenses of training required by
Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief
magistrate and other magistrates of Jones County, but such officers
shall be reimbursed by the governing authority of Jones County for
such costs and expenses.
Section 6. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such adjudication shall in no manner affect the other
sections, subsections, sentences, clauses, or phrases of this Act, which
shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
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. (a) Except as otherwise provided in subsection (b) of
this section, this Act shall become effective July 1,1983.
(b) For the purpose of appointing the chief magistrate, subsec-
tion (a) of Section 2 of this Act shall become effective April 1,1983;
provided, however, that such officer shall not take office until July 1,
1983.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
4084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to provide for the
selection of the magistrate or magistrates who will preside over the
magistrate court in Jones County; and for other purposes.
This 24th day of January, 1983.
Culver Kidd
Senator,
25th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Culver Kidd who, on oath, deposes
and says that he is Senator from the 25th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Jones County News which is the official organ of
Jones County, on the following dates: January 27, February 3, 10,
1983.
/s/ Culver Kidd
Senator,
25th District
Sworn to and subscribed before me,
this 15th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
GEORGIA LAWS 1983 SESSION
4085
BALDWIN COUNTY PROBATE JUDGE
COMPENSATION.
No. 181 (Senate Bill No. 274).
AN ACT
To amend an Act placing the judge of the Probate Court of
Baldwin County upon an annual salary, approved January 27, 1967
(Ga. L. 1967, p. 2006), as amended, particularly by an Act approved
March 6, 1981 (Ga. L. 1981, p. 3095), so as to change the provisions
relating to the compensation of the judge of the probate court; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the judge of the Probate Court of
Baldwin County upon an annual salary, approved January 27, 1967
(Ga. L. 1967, p. 2006), as amended, particularly by an Act approved
March 6,1981 (Ga. L. 1981, p. 3095), is amended by striking Section 1
in its entirety and inserting in lieu thereof a new Section 1 to read as
follows:
Section 1. After the effective date of this Act, the present
method of compensating the judge of the Probate Court of Baldwin
County, known as the fee system, is abolished; and, in lieu thereof, the
judge of the probate court shall receive an annual salary as provided
in this section. The annual salary provided for in this section shall be
in lieu of all fees, costs, fines, forfeitures, commissions, emoluments,
and perquisites heretofore allowed as compensation to the judge of
the probate court, regardless of in what capacity services were ren-
dered. The judge of the probate court shall receive an annual salary of
$25,000.00, payable in equal monthly installments from the funds of
Baldwin County.
4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
placing the judge of the Probate Court of Baldwin County upon an
annual salary, approved January 27, 1967 (Ga. L. 1967, p. 2006), as
amended; and for other purposes.
This 25th day of January, 1983.
Culver Kidd
Senator,
25th District
Affidavit of Publication.
Georgia, Baldwin County.
I, Roger W. Coover, do solemnly swear that I am the Publisher of
The Union-Recorder, printed and published at Milledgeville in the
State of Georgia, and that from my personal knowledge and reference
to files of said publication the legal advertisement of: Local Legisla-
tion - Judge of Probate Court was inserted in space of legal advertise-
ment as follows: Jan. 28, Feb. 4 & 11,1983.
/s/ Roger W. Coover
Publisher
GEORGIA LAWS 1983 SESSION
4087
Sworn to and subscribed before me,
this 11th day of February, 1983.
/s/ Nancy D. Veal
Notary Public.
My Commission Expires 8/19/86.
Approved March 14, 1983.
LIBERTY COUNTY INDUSTRIAL AUTHORITY
POWERS, ETC.
No. 182 (Senate Bill No. 294).
AN ACT
To amend an Act providing for the appointment and terms of
office of members of the Liberty County Industrial Authority,
approved February 18,1964 (Ga. L. 1964, p. 2110), as amended, so as
to clarify the definition of the term project; to clarify the powers of
the authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the appointment and terms of
office of members of the Liberty County Industrial Authority,
approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, 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 word project shall be deemed to mean and include the
acquisition, construction, improvement, modification, expansion,
modernization, equipping, or remodeling of any property, real or
personal, which shall be used by persons, firms, or corporations,
public or private, for the development, expansion, or promotion of
4088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any form of industry, including, but not limited to, commerce,
agriculture, communications, manufacturing, mining, lodging, trans-
portation, wholesale and retail trade, natural resources, and voca-
tional training, in Liberty County, as approved by the authority and
as determined by the authority, after a public hearing, to develop and
promote, for the public good and welfare, industry within Liberty
County, which approval and determination of a particular project by
the authority shall be conclusive as to the amount, form, and content
of the industry and the economic benefit derived therefrom, which
industry is necessary for the public good and welfare of the citizens of
Liberty County.
Section 2. Said Act is further amended by striking subsections
(g), (i), and (1) of Section 8 in their entirety and substituting in lieu
thereof new subsections (g), (i), and (1) to read as follows:
(g) To construct, erect, acquire, own, repair, remodel, maintain,
extend, improve, equip, operate, manage, and finance projects, self-
liquidating or otherwise, located on property owned or leased by the
authority or by persons, firms, or corporations approved by the
authority, and to pay the cost of any such project and the financing
thereof from the proceeds of revenue-anticipation certificates or
revenue bonds of the authority or from any grant from the County of
Liberty or any agency, department, commission, bureau, or institu-
tion of the State of Georgia or of the United States or from any
contribution or loans by persons, firms, or corporations, all of which
the authority is authorized to receive and accept and use.
(i) To exercise any power granted by the laws of the State of
Georgia to public or private corporations performing similar func-
tions, including, but not limited to, any development authorities,
downtown development authorities, and other similar corporations
established and existing under the laws of the State of Georgia, which
power is not in conflict with the Constitution and laws of the State of
Georgia.
(1) To issue revenue-anticipation certificates or revenue bonds
for the purpose of exercising the proper powers of the authority or for
paying all or any part of the cost of any project of the authority. Such
revenue-anticipation certificates or revenue bonds shall be issued and
validated under and in accordance with the applicable provisions of
Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the
Revenue Bond Law.
GEORGIA LAWS 1983 SESSION
4089
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 1983
Session of the General Assembly of Georgia a bill to amend an action
implementing certain provisions of an amendment of the Constitu-
tion of Georgia creating the Liberty County Industrial Authority
approved February 18, 1964 (Ga. Laws 1964, p. 2110), as amended;
and for other purposes.
Glenn E. Bryant
Senator,
District 3
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Glenn E. Bryant who, on oath,
deposes and says that he is Senator from the 3rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Coastal Courier which is the official organ of
Liberty County, on the following dates: February 4,11,16,25,1983.
/s/ Glenn E. Bryant
Senator,
3rd District
4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
COMPENSATION TO JOHN J. GATES.
No. 1 (House Resolution No. 69).
A RESOLUTION
Compensating John J. Gates, Ph.D.; and for other purposes.
WHEREAS, on September 2,1982, the main sewer line of Central
State Hospital of the Department of Human Resources in Mill-
edgeville, Georgia, developed a blockage causing raw sewage to flow
into the house at 164 Annex Drive, Milledgeville, Georgia, the resi-
dence of John J. Gates, Ph.D.; and
WHEREAS, the accident caused raw sewage to cover the entire
house to a depth of 11/2 inches; and
WHEREAS, the accident caused extensive damage to the house
and to the personal property of Dr. Gates in the amount of $2,033.00
which has not been compensated by insurance; and
WHEREAS, the accident occurred through no fault or negligence
on the part of Dr. Gates and it is only fitting and proper that he be
reimbursed for his loss.
GEORGIA LAWS 1983 SESSION
4091
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Department of Human
Resources is authorized and directed to pay the sum of $2,033.00 to
John J. Gates, Ph.D., as compensation as provided above. Said sum
shall be paid from funds appropriated to or available to said depart-
ment and shall be in full and complete satisfaction of all claims
against the state arising out of said occurrence.
Approved March 14,1983.
GEORGE W. THOMPSON, SR., BRIDGE DESIGNATED.
No. 4 (Senate Resolution No. 79).
A RESOLUTION
Designating the George W. Thompson, Sr. Bridge; and for other
purposes.
WHEREAS, Mr. George W. Thompson, Sr. was one of Cobb
Countys most outstanding citizens; and
WHEREAS, Mr. Thompson was active in many civic, service, and
political organizations in Cobb County; and
WHEREAS, he was past President of the Mableton Chamber of
Commerce and was the winner of the Community Service Award of
1976 of the Cobb County Chamber of Commerce; and
WHEREAS, Mr. Thompson served with great honor, ability, and
distinction as a member of the Cobb County Planning Commission
and as Chairman of that body; and
WHEREAS, Mr. Thompson was one of the founding members of
Southwest Christian Church in Atlanta, and was very active in the
religious affairs of his community; and
4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, Mr. Thompson was instrumental in helping to estab-
lish in South Cobb County the first branch library, the first police
precinct, and Cobb General Hospital; and
WHEREAS, Mr. Thompson was affectionately known as the
Mayor of Mableton; and
WHEREAS, all who knew him miss his influence and counsel
since his death; and
WHEREAS, it is fitting and proper that a man who has contrib-
uted so much to his community should have a bridge in that commu-
nity named in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bridge located on Interstate 20
at Six Flags Drive is designated as the George W. Thompson, Sr.
Bridge.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to place appropriate markers
designating the bridge described above as the George W. Thompson,
Sr. Bridge.
Approved March 15,1983.
PLEASANT THEODORE MC CUTCHEN, SR. BRIDGE
DESIGNATED.
No. 13 (House Resolution No. 246).
A RESOLUTION
Designating the Pleasant Theodore McCutchen, Sr. Bridge; and
for other purposes.
GEORGIA LAWS 1983 SESSION
4093
WHEREAS, Mr. Pleasant Theodore McCutchen, Sr., was born in
Heard County, Georgia, on February 24, 1866, the son of Cicero
Berrien McCutchen and Martha Ann Elizabeth Barker McCutchen;
and
WHEREAS, he began his newspaper career in the City of Franklin
in Heard County, Georgia, at the age of ten and later became one of
Georgias most celebrated and respected journalists as editor and
owner of The News and Banner for 63 years; and
WHEREAS, he was one of the founding fathers of the Georgia
Weekly Press Association and for many years he used his newspaper
columns to promote the development of better roads and other civic
improvements for his city, county, and state; and
WHEREAS, he served with distinction the people of his city,
county, state, and nation, in both elective and appointive capacities,
in holding the offices of mayor, councilman, State Representative,
state superintendent of printing, and executive secretary for two
Georgia congressmen; and
WHEREAS, he was a member of the Taft Memorial Highway
Association, which developed U. S. Highway 27, extending from
Michigan to Miami, Florida, and he chaired the committee which
routed this highway through Georgia; and
WHEREAS, on March 13,1944, he served as Master of Ceremo-
nies at the dedication of the bridge which carries State Route 1 over
the Chattahoochee River; and
WHEREAS, it is only proper that in memory of this great
Georgian the aforesaid bridge be designated the Pleasant Theodore
McCutchen, Sr. Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bridge which carries State
Route 1 over the Chattahoochee River shall be designated the
Pleasant Theodore McCutchen, Sr. Bridge.
4094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized and directed to place appropriate markers
designating such bridge as the Pleasant Theodore McCutchen, Sr.
Bridge.
Approved March 16,1983.
CONSTITUTIONAL AMENDMENT AUTHORIZING
CONSOLIDATION OF RICHMOND COUNTY AND
CITY OF AUGUSTA TAX ASSESSORS CONTINUED
IN FORCE.
No. 325 (House Bill No. 662).
AN ACT
To provide for authority; to continue in force and effect as part of
the Constitution ratified at the general election in 1982 that Constitu-
tional Amendment (Res. Act 94, H. R. 118-319(i), Ga. L. 1956, p. 453),
duly ratified at the 1956 general election and proclaimed by the
Governor to be a part of the Constitution of 1945, and subsequently
made a part of the Constitution of 1976, which amendment autho-
rized the General Assembly to consolidate and combine Richmond
County and City Council of Augusta Tax Assessors for both real and
personal property and to create a new board of tax assessors and
provide the authority thereof; 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 is passed pursuant to Article XI, Section I,
Paragraph IV of the Constitution, authorizing the continuation of
certain amendments to the Constitution.
Section 2. That Constitutional Amendment (Res. Act 94, H. R.
118-319(i), Ga. L. 1956, p. 453), duly ratified at the 1956 general
GEORGIA LAWS 1983 SESSION
4095
election and proclaimed by the Governor to be a part of the Constitu-
tion of 1945, and subsequently made a part of the Constitution of
1976, which amendment authorized the General Assembly to consoli-
date and combine Richmond County and City Council of Augusta
Tax Assessors for both real and personal property and to create a new
board of tax assessors and provide the authority thereof, shall not be
repealed or deleted upon July 1, 1987, as part of the Constitution
ratified at the general election in 1982, but is specifically continued in
force and effect on and after that date as part of that Constitution.
Section 3. This Act shall become effective July 1,1983.
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
1983 Session of the General Assembly of Georgia an Act to maintain
the provisions of an amendment to the Constitution of the State of
Georgia, as found in Ga. Laws, 1956, pp. 453, et. seq. empowering the
General Assembly of Georgia to consolidate and combine the
Richmond County and the City Council of Augusta Board of Tax
Assessors and the governmental functions vested in and exercised by
said Board of Tax Assessors in the City Council of Augusta and
County of Richmond; to create, designate and give a name to a City-
County Board of Tax Assessors for the municipality of the City
Council of Augusta and the entire area of Richmond County; to
provide for the powers and duties of the City-County Board of Tax
Assessors; to provide an effective date; and for other purposes.
This 17th day of December, 1982.
Robert C. Daniel, Jr.
County Attorney,
Richmond County, Georgia
4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Richmond County.
Personally appeared before me, a Notary Public, the undersigned,
Paul S. Simon, who, on oath, says that he is the President of
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the County of Richmond who certifies that the legal
notice of intention to apply for local legislation was duly published
once a week for three weeks, as required by law, said dates of
publication being December 24,31,1982, and January 7,1983.
/s/ Paul S. Simon, President,
Southeastern Newspapers
Corporation, Publisher of
the Augusta Herald,
Richmond County, Georgia
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ JoAnn M. Lundquist
Notary Public, Georgia State at Large.
My Commission Expires June 23, 1986.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
4097
URBAN ENTERPRISE ZONES IN CITY OF ATLANTA.
No. 326 (House Bill No. 629).
AN ACT
To provide for urban enterprise zones in the City of Atlanta; to
provide a short title; to provide for findings, purposes, and intent; to
provide for definitions; to provide for the creation of certain zones
and for ad valorem property tax exemptions upon certain inventories
and real property located therein; to provide criteria for the creation
of zones; to provide for ad valorem property tax exemptions for
taxation for city and county purposes; to provide for what property
may be exempt and the conditions thereof; to provide for amount and
expiration of exemptions; to provide for abolition and decrease in size
of zones; to limit the creation of additional zones and additional
exemptions; to provide when zones and exemptions become effective;
to provide for determination of eligibility for exemptions and for
appeals thereof; to provide for tax digests and annual reports; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. This Act shall be known and may be cited as the
Atlanta Urban Enterprise Zone Act.
Section 2. It is found and declared that economically and
socially depressed areas exist within the City of Atlanta and that
these areas contribute to or cause unemployment, create an inordi-
nate demand for public services, and, in general, have a deleterious
effect on the public health, safety, welfare, and morals. It is further
found that these areas are commonly characterized by no investment
or underinvestment by private enterprise in ventures which produce
jobs, trade, provision of services, and other economic activities which
individually and together contribute to a healthy society. This lack of
private investment and activity contributes materially to social and
economic depression in such areas. Therefore, it is in the public
interest that incentives be provided to private enterprise to invest in
such areas. It is the purpose of this Act, therefore, to grant special
powers of tax abatement to the City of Atlanta to provide such
incentives. It is the intention of the General Assembly that this Act be
liberally construed to carry out such purpose.
4098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. As used in this Act, the term:
(1) Ad valorem property taxes means all ad valorem taxes
levied by the city or county for city or county purposes, respec-
tively, except those ad valorem property taxes levied to pay
bonded indebtedness.
(2) Board of commissioners means the board of commis-
sioners of Fulton County.
(3) City means the City of Atlanta.
(4) City council means the council which is the legislative
body of the City of Atlanta.
(5) City purposes means purposes of the city, including
but not limited to school and education purposes.
(6) County means Fulton County.
(7) County purposes means purposes of the county, but
including neither school nor educational purposes.
(8) Finished goods means goods, wares, and merchandise
of every character and kind, but shall not include unrecovered,
unextracted, or unsevered natural resources or raw materials or
goods in the process of manufacture or production, or the stock-in-
trade of a retailer.
(9) Inventories means property described in subsection
(a) of Section 7 which may be exempt from ad valorem property
taxes.
(10) Raw materials means any material, whether crude or
processed, that can be converted by manufacture, processing, or
combination into a new and useful product, but shall not include
unrecovered, unextracted, or unsevered natural resources.
(11) Real property means land and improvements thereon.
(12) Taxable property means real or personal property
subject to ad valorem property taxes.
GEORGIA LAWS 1983 SESSION
4099
(13) Taxable value means the net taxable assessed value of
property as shown on the tax digest of Fulton County as adjusted
and equalized by the state revenue commissioner pursuant to
Code Section 48-5-271 of the O.C.G.A., requiring the examination
of tax digests for determining uniformity of valuation.
Section 4. (a) As provided in this Act, the city council by
ordinance may create urban enterprise zones within the corporate
limits of the city, within which zones:
(1) Inventories of certain goods may be exempted from ad
valorem taxation for city and county purposes for the taxable
value of those inventories;
(2) Taxable real property may be exempted from ad val-
orem taxation for city and county purposes for the taxable value of
that real property; or
(3) Property may be exempted under subsections (a) and
(b) of this section.
(b) The ordinance creating a zone or exempting additional prop-
erty from taxation within an existing zone shall specify whether
inventories, real property, or both are to be exempted from ad
valorem taxation under this Act and shall further specify the types of
inventories to be exempt under subsection (a) of Section 7.
Section 5. (a) A zone may only be created in an area of the
city composed of census tracts in each of which, according to the
United States decennial census of 1980:
(1) The percentage of family and nonfamily households in
that census tract that were below the poverty level in 1979 was at
least double the percentage of family and nonfamily households
below the poverty level for Fulton County as a whole; or
(2) The percentage of persons in that census tract who were
in the labor force and did not work in 1979 was at least double the
percentage of persons who were in the labor force and did not work in
1979, for Fulton County as a whole.
(b) A zone may not be less than 50 acres in size.
4100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) A zone may extend into a census tract which does not comply
with the requirements of subsection (a) of this Section if at least
seventy-five percent (75%) of the expanded zone would comply with
the requirements of subsection (a) of this Section.
Section 6. (a) The city council may exempt the taxable value of
property within a zone only from ad valorem taxation for city
purposes. The board of commissioners, by appropriate resolution,
may exempt from ad valorem taxation for county purposes under this
Act the taxable value of only that same property exempted from ad
valorem taxation for city purposes.
(b) A copy of the ordinance or resolution creating, abolishing, or
decreasing in size a zone or creating exemptions in a zone shall be
transmitted to the tax commissioner of Fulton County and to the
Department of Community Affairs within 30 days after its passage.
Section 7. (a) Exemptions from ad valorem taxation of invento-
ries within a zone under this Act may be granted for all or any
combination of the following types of property:
(1) Inventory of goods in the process of manufacture or
production which shall include all partly finished goods and raw
materials held for direct use or consumption in the ordinary
course of the taxpayers manufacturing or production business in
this state. The exemption provided for in this paragraph shall
apply only to tangible personal property which is substantially
modified, altered, or changed in the ordinary course of the tax-
payers manufacturing, processing, or production operations in
this state;
(2) Inventory of finished goods manufactured or produced
within this state in the ordinary course of the taxpayers manufac-
turing or production business when held by the original manufac-
turer or producer of such finished goods. The exemption provided
for in this paragraph shall be for a period not exceeding 12 months
from the date such property is produced or manufactured; and
(3) Inventory of finished goods which, on the first day of
January, are stored in a warehouse, dock, or wharf, whether public
or private, and which are destined for shipment to a final desti-
nation outside this state and inventory of finished goods which are
shipped into this state from outside this state and stored for
GEORGIA LAWS 1983 SESSION
4101
transshipment to a final destination outside this state. The
exemption provided for in this paragraph shall be for a period not
exceeding 12 months from the date such property is stored in this
state. All property that is claimed to be exempt under the provi-
sions of this paragraph shall be designated as being in transit
upon the official books and records of the warehouse, dock, or
wharf, whether public or private, where such property is being
stored. Such official books and records shall contain a full, true,
and accurate inventory of all such property, including the date of
the receipt of the property, the date of the withdrawal of the
property, the point of origin of the property, and the point of final
destination of the same, if known. The official books and records
of any such warehouse, dock, or wharf, whether public or private,
pertaining to any such in transit property, shall be at all times
open to the inspection of the tax commissioner of Fulton County.
(b) Exemptions from ad valorem taxation of real property
within a zone under this Act may be granted for the taxable value of:
(1) The land itself only if the taxable value of all improve-
ments thereon, made after the effective date of the creation of the
zone in which that land is located, equals or exceeds three times
the taxable value of the land on the effective date of the creation of
the zone; and
(2) Only those improvements made after the effective date
of the creation of the zone in which the improvements are located.
Section 8. (a) Real property in a zone which is exempt from ad
valorem taxation under this Act shall be exempt for 100 percent of
taxable value for the first five years after the creation of the zone in
which the property is located, 80 percent of taxable value for the next
five years, 60 percent of taxable value for the next five years, 40
percent of taxable value for the next five years, and 20 percent of
taxable value for the last five years.
(b) Inventories in a zone which are exempt from ad valorem
taxation under this Act shall be exempt for 100 percent of taxable
value for 25 years after the creation of that zone.
(c) A zone shall exist for 25 years after the effective date of its
creation and at the end of that period the zone and all exemptions
established therein pursuant to this Act shall be abolished.
4102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Except as provided in subsection (c) of this section, a zone
may only be abolished or decreased in size by appropriate ordinance
of the city council, approved by a majority of the registered voters of
the city voting in a special election which shall be required to be called
for such purpose. No such special election to approve the abolition or
decrease in size of a zone may be called within five years from the
effective date of the creation of that zone. If the results of the election
are in favor of the abolition or decrease in size of that zone, it shall be
abolished or decreased, respectively, at the end of the fifth year
following that special election.
(e) The amount of the exemption for property in a zone may not
be changed and the type of property subject to an exemption in a zone
may not be decreased by the city council or board of commissioners
after the passage of the respective city ordinance or county resolution
creating that exemption under this Act, unless the zone and all
exemptions on property therein are abolished as provided in this
section.
Section 9. A zone in which inventories are to be exempted from
ad valorem taxation under this Act may not be created nor may
additional classes of inventories within an existing zone be exempted
when the taxable value of the inventories to be exempt within the
proposed or existing zone, respectively, plus the taxable value of
inventories already exempt, under this Act, from taxation within all
existing zones exceeds 10 percent of the current taxable value of all
inventories within the city.
(b) A zone in which real property is to be exempted from ad
valorem taxation under this Act may not be created nor may real
property within an existing zone be first granted an exemption when
the taxable value of real property to be exempt within the proposed or
existing zone, respectively, plus the taxable value of real property
already exempt under this Act from taxation within all existing zones
exceeds 10 percent of the total taxable value of all real property
located within the city.
(c) For purposes of this section, taxable value shall be taxable
value for city purposes but shall be determined without regard to any
exemption authorized by this Act.
Section 10. (a) The creation of a zone shall become effective on
January 1, immediately following the adoption by the city council of
an ordinance creating the zone.
GEORGIA LAWS 1983 SESSION
4103
(b) Exemptions from ad valorem taxes for city or county pur-
poses upon inventory or real property in a zone shall become effective
on January 1, immediately following the adoption of the appropriate
ordinance by the city council or appropriate resolution by the board
of commissioners, respectively.
(c) No exemption from ad valorem taxation upon real property
may be granted, unless application by the owner thereof is filed with
the tax commissioner of Fulton County on or before April 1 of each
year for which the exemption is sought. The application shall be
under oath and shall contain such information as the tax commis-
sioner may require, including but not limited to evidence of the value
of improvements to the property made since creation of the zone. The
tax commissioner of Fulton County shall determine the eligibility of
an applicant to claim the exemptions. This determination of eligibil-
ity shall be subject to appeal by certiorari to the Superior Court of
Fulton County. All such appeals must be filed within 30 days after a
final determination of eligibility under this subsection.
Section 11. The tax commissioner of Fulton County shall
identify upon the tax digest of the city, including without limitation
the copy of that digest submitted to the state revenue commissioner
pursuant to Code Section 48-5-302 of the O.C.G.A., that property
exempted from taxation under this Act and the amount of that
exemption.
Section 12. The city council shall annually submit a report to
the board of commissioners, the Department of Community Affairs,
and the local legislative delegations of the city and county. The
report shall include:
(1) The location, boundary, and size of all zones created in
the immediately preceding calendar year and created since the
effective date of this Act;
(2) The current value of tax exemptions under this Act
which became effective in the immediately preceding calendar
year and since the effective date of this Act;
(3) The current market value of all improvements and
inventories in each zone as compared to that value upon the
effective date of the creation of that zone; and
4104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) The current number of jobs and types of jobs in each
zone as compared to the number and types of jobs upon the
effective date of the creation of that zone.
Section 13. 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
1983 Session of the General Assembly of Georgia, a bill to provide for
urban enterprise zones within the City of Atlanta for the purpose of
abatement of certain ad valorem property taxes levied by the City of
Atlanta and Fulton County; and for other purposes.
This 26th day of January, 1983.
Paul Bolster
Representative,
30th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Paul Bolster, who, on oath, deposes
and says that he is Representative from the 30th 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 26, February
2,9,1983.
/s/ Paul Bolster
Representative,
30th District
GEORGIA LAWS 1983 SESSION
4105
Sworn to and subscribed before me,
this 15th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
BOARD OF COMMISSIONERS OF TALBOT COUNTY
ELECTION OF MEMBERS, TERMS OF OFFICE, ETC.
No. 327 (House Bill No. 611).
AN ACT
To amend an Act establishing a Board of Commissioners of Talbot
County, approved February 16, 1876 (Ga. L. 1876, p. 291), as
amended, particularly by an Act approved February 17,1877 (Ga. L.
1877, p. 263), an Act approved December 8, 1894 (Ga. L. 1894, p.
207), an Act approved July 27,1904 (Ga. L. 1904, p. 287), and an Act
approved August 14,1925 (Ga. L. 1925, p. 749), so as to change the
provisions relative to the election of members of the board of commis-
sioners; to provide for terms of office; to provide for other matters
relative to the foregoing; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a Board of Commissioners of
Talbot County, approved February 16,1876 (Ga. L. 1876, p. 291), as
amended, particularly by an Act approved February 17,1877 (Ga. L.
1877, p. 263), an Act approved December 8, 1894 (Ga. L. 1894, p.
207), an Act approved July 27,1904 (Ga. L. 1904, p. 287), and an Act
4106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved August 14, 1925 (Ga. L. 1925, p. 749), 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. (a) There is created the Board of Commissioners of
Talbot County, to be composed of three members elected by the
qualified voters of Talbot County.
(b) The members of the board who are in office on February 1,
1984, shall serve for the remainder of the terms of office to which they
were elected, unless otherwise removed from office prior to the
expiration of such terms.
(c) The person elected to succeed the member whose term
expires on December 31, 1984, shall have an initial term of office of
four years and until his successor is duly elected and qualified. The
person elected to succeed the member whose term expires on
December 31, 1985, shall have an initial term of office of three years
and until his successor is duly elected and qualified. Such person
shall be elected in the general election to be held on the Tuesday
following the first Monday in November of 1984. The person elected
to succeed the member whose term expires on December 31, 1986,
shall have an initial term of office of four years and until his successor
is duly elected and qualified. Following the initial terms of office
specified in this subsection, the terms of office of members of the
board shall be for four years and until their respective successors are
duly elected and qualified.
(d) Except as otherwise provided in subsection (c) of this sec-
tion, persons elected to the board shall take office on the first day of
January immediately following their election.
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. An election for a successor to a member of the board
of commissioners shall be held on the Tuesday following the first
Monday in November immediately preceding the expiration of a term
of office, except as otherwise provided in Section 1 of this Act.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
4107
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
establishing a board of commissioners for the County of Talbot,
approved February 18,1976 (Ga. L. 1976, p. 291), as amended; and for
other purposes.
This the 21st day of January, 1983.
Claude A. Bray, Jr.
Representative,
91st 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 is Representative from the 91st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Talbotton New Era which is the
official organ of Talbot County, on the following dates: January 27,
February 3,10,1983.
/s/ Claude A. Bray, Jr.
Representative,
91st District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
4108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF AUGUSTA AD VALOREM TAX EXEMPTIONS
CONTINUED IN EFFECT.
No. 328 (House Bill No. 569).
AN ACT
To provide for authority; to continue in force and effect as part of
the Constitution ratified at the general election in 1982 that Constitu-
tional Amendment Number 65 (Res. Act 165, HR 740, Ga. L. 1982, p.
2616), duly ratified at the 1982 general election and proclaimed by the
Governor to be a part of the Constitution of Georgia, which amend-
ment exempts from City of Augusta ad valorem taxes certain capital
improvements of commercial and business establishments; 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 is passed pursuant to Article XI, Section I,
Paragraph IV of the Constitution, authorizing the continuation of
certain amendments to the Constitution.
Section 2. Constitutional Amendment Number 65 (Res. Act 165,
HR 740, Ga. L. 1982, p. 2616), duly ratified at the 1982 general
election and proclaimed by the Governor to be a part of the Constitu-
tion of Georgia, which amendment exempts from City of Augusta ad
valorem taxes certain capital improvements of commercial and busi-
ness establishments, shall not be repealed or deleted upon July 1,
1987, as part of the Constitution ratified at the general election in
1982 but is specifically continued in force and effect on and after that
date as part of that Constitution.
Section 3. This Act shall become effective on July 1,1983.
GEORGIA LAWS 1983 SESSION
4109
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 that Local Legislation will be introduced at
the regular 1983 session of the General Assembly of Georgia to
maintain the provisions of a local constitutional amendment pertain-
ing to the City of Augusta found in Georgia Laws 1982 at pages 2616-
2617 providing that all new capital improvements of each new or
existing commercial or business establishment located in the City of
Augusta shall be exempt from ad valorem taxes, except taxes to retire
bonded indebtedness, levied by the City of Augusta for a period of
five years provided said improvements have a fair market value of one
hundred thousand ($100,000.00) dollars or more; providing an effec-
tive date and for other purposes.
N. Kenneth Daniel
Attorney for the City
Council of Augusta
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jack Connell, who, on oath, deposes
and says that he is Representative from the 87th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Augusta Herald which is the official organ of
Richmond County, on the following dates: January 22, 29, and
February 5,1983.
/s/ Jack Connell
Representative,
87th District
4110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 16, 1983.
CITY OF PALMETTO CORPORATE LIMITS EXTENDED.
No. 329 (House Bill No. 410).
AN ACT
To amend an Act establishing a new charter for the City of
Palmetto, approved March 2,1966 (Ga. L. 1966, p. 2771), as amended,
so as to annex into the corporate limits of the city certain property
upon which the City of Palmetto reservoir is located; 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
Palmetto, approved March 2,1966 (Ga. L. 1966, p. 2771), as amended,
is amended by adding at the end of Section 2.1 the following para-
graph:
The corporate limits shall also include all that tract or parcel of
land located in Land Lots 3 and 4 of the 7th District of Fulton
County, Georgia, and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING, commence at the
corner of Land Lots 3, 4, 29 and 30 of the 7th District of Fulton
GEORGIA LAWS 1983 SESSION
4111
County, being the junction of the northeast corner of Land Lot 3, the
southeast corner of Land Lot 4, the southwest corner of Land Lot 29
and the northwest corner of Land Lot 30; thence proceed South
05845 West 400 feet to a point; thence South 885845 West a
distance of 200 feet to a point; thence South 32620 West a distance
of 316.2 feet to a point; thence South 5948 West a distance of 913.4
feet to a point; thence South 05250 West a distance of 650.1 feet to
a point; thence North 891410 West a distance of 300.2 feet to a
point; thence North 30 2730 West a distance of 1074.4 feet to a
point; thence North 891920 West a distance of 660 feet to a point;
thence North 04210 East a distance of 163 feet to the center of
Cedar Creek and the POINT OF BEGINNING. From the POINT
OF BEGINNING thus established, proceed South 04210 West a
distance of 163 feet to a point; thence South 89 1920 East a distance
of 660 feet to a point; thence South 302730 East a distance of
1074.4 feet to a point; thence South 89 1410 East a distance of 300.2
feet to a point; thence North 05250 East a distance of 650.1 feet to
a point; thence North 59 48 East a distance of 913.4 feet to a point;
thence North 320620 East a distance of 316.2 feet to a point; thence
North 885845 East a distance of 200 feet to a point; thence North
05845 East a distance of 1175 feet to a point; thence North
871408 West a distance of 650 feet to a point; thence North
191320 West a distance of 650 feet to a point; thence North
081750 East a distance of 770.2 feet to a point; thence North
515830 West a distance of 349.8 feet to a point; thence South
145450 West a distance of 818.9 to a point; thence South 015620
West a distance of 650 feet to a point; thence North 880720 West a
distance of 300 feet to a point; thence North 3727T0 West a
distance of 600 feet to a point; thence North 0134 East a distance of
596.7 feet to a point; thence North 8826 West a distance of 300 feet
to a point; thence South 013350 West a distance of 1909.3 feet to a
point; thence South 891850 West 250.4 feet to a point; thence
South 891638 West 845.5 feet to a point; thence South 03322
East a distance of 30 feet to a point; thence North 891638 East a
distance of 840 feet to a point; thence South 04144 West a distance
of 674.4 feet to the center of Cedar Creek; thence in a northeasterly
direction up the center of Cedar Creek a distance of approximately
253 feet to the POINT OF BEGINNING.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
4112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that the City of Palmetto, Georgia, intends
to apply for passage of local legislation at the 1983 session of the
General Assembly of the State of Georgia, convening in January,
1983, to amend the Charter of the City of Palmetto, Georgia (Georgia
Laws 1966, p. 2771, et seq., as amended) so as to annex into the city
limits of the City of Palmetto that property owned by the City of
Palmetto upon which is located the City of Palmetto water reservoir;
and to provide a clear statement of its city limits in its Charter.
Kirby A. Glaze
City Attorney,
City of Palmetto
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
11,18,25, days of January, 1983. As provided by law.
/s/ Frances K. Beck
GEORGIA LAWS 1983 SESSION
4113
Subscribed and sworn to before me
this 1 day of February, 1983.
/s/ April M. Elmore
Notary Public, Georgia State at Large.
My Commission Expires Feb. 17, 1986.
(Seal).
Approved March 16, 1983.
PORTION OF EDUCATIONAL FUNDS COLLECTED BY
CLAYTON COUNTY TAX COMMISSIONER TO BE
RETAINED AND REMITTED TO COUNTY.
No. 330 (House Bill No. 408).
AN ACT
To provide that the tax commissioner of Clayton County shall
retain a specified percentage of educational funds collected by said
officer and remit the same to the governing authority of Clayton
County to reimburse the county for the cost of collecting school taxes;
to provide for a statement of intention and the authority for this Act;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The tax commissioner of Clayton County shall remit
all educational funds collected by said officer to the board of educa-
tion of Clayton County, except that 1.60 percent of the funds col-
lected shall be retained by the tax commissioner and remitted to the
governing authority of Clayton County to reimburse the county for
the cost of collecting school taxes.
4114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. It is the intention of this Act to reduce the amount
authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A.
as reimbursement to counties for the collection of school taxes, and
this Act is pursuant to the specific authority of Paragraph III of
Section VI of Article VIII of the Constitution of the State of Georgia.
Section 3. This Act shall become effective on July 1,1983.
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 1983
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. L. 1925, p. 600), as amended; and for other purposes.
This 6th day of January, 1983.
Honorable Jimmy Benefield
Chairman, Clayton County
Legislative Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Lee, who, on oath, deposes and
says that he is Representative from the 72nd 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 11,18,25,1983.
/s/ Bill Lee
Representative,
72nd District
GEORGIA LAWS 1983 SESSION
4115
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
ATKINSON COUNTY BOARD OF COMMISSIONERS
COMPENSATION, ELECTION OF CHAIRMAN, ETC.
REFERENDUM
No. 331 (House Bill No. 350).
AN ACT
To amend an Act creating the office of commissioner of Atkinson
County, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended,
particularly by an Act approved March 27,1968 (Ga. L. 1968, p. 2882),
so as to change the compensation of the chairman and the other
members of the board; to provide for the election of the chairman; 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 the office of commissioner of
Atkinson County, approved July 23, 1931 (Ga. L. 1931, p. 380), as
amended, particularly by an Act approved March 27, 1968 (Ga. L.
4116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1968, p. 2882), is amended by striking Section 5 in its entirety and
substituting in lieu thereof a new Section 5 to read as follows:
Section 5. (a) The chairman of the board shall receive an annual
salary of not less than $10,800.00 and not more than $15,000.00, the
exact amount to be determined by a majority vote of the board of
commissioners of Atkinson County. Changes in the salary of the
chairman shall become effective immediately after being voted upon
by a majority of the board of commissioners of Atkinson County. If
the chairman does not devote his entire time to the discharge of his
duties as chairman of the board, then he shall receive only the salary
provided in subsection (b) of this section for other members of the
board.
(b) The other members of the board shall each receive an annual
salary of not less than $1,200.00 and not more than $2,400.00, the
exact amount to be determined by a majority vote of the board of
commissioners.
(c) All salaries shall be paid monthly out of the general funds of
the county.
Section 2. Said Act is further amended by striking Section 6 in
its entirety and substituting in lieu thereof a new Section 6 to read as
follows:
Section 6. (a) Candidates seeking election to the board of
commissioners shall announce at the time they qualify whether or not
they desire to be elected chairman of the board of commissioners.
The election superintendent shall provide an appropriate space on
the ballot for the election of the chairman of the board of commis-
sioners. The names of all candidates for the office of chairman shall
be placed on the ballot in such manner so that the voters in the
election shall be able to vote for a chairman of the board of commis-
sioners. Upon qualification of the members of the board of commis-
sioners elected for a term of office, the elected member of the board
with the highest number of votes received as chairman of the board of
commissioners shall be declared the chairman of the board for his
term of office. In the event no person offering for the office of
chairman is elected as a member of the board of commissioners, then
the members of the board shall elect a chairman from among their
membership. In the event of the death, resignation, or inability of the
duly elected member to serve as chairman, the members of the board
GEORGIA LAWS 1983 SESSION
4117
shall elect from among their membership an acting chairman who
shall serve until such time as the judge of the probate court of said
county shall call an election to fill the unexpired term of office of the
chairman. The judge of the probate court shall issue the call for an
election to fill a vacancy in the office of chairman within 20 days after
such acting chairman has been elected by the board. The judge of the
probate court 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.
(b) The chairman of the board shall post a bond in the amount of
$10,000.00 for the faithful performance of his duties and for the
protection of all county funds. The bond shall be approved by and
payable to the judge of the probate court.
Section 3. Not less than 30 nor more than 60 days prior to the
date of the Georgia Presidential Preference Primary in 1984, it shall
be the duty of the election superintendent of Atkinson County to
issue the call for an election for the purpose of submitting this Act to
the electors of Atkinson County for approval or rejection. The
superintendent shall set the date of such election to coincide with the
Georgia Presidential Preference Primary to be conducted in 1984.
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 Atkinson County. The ballot shall
have written or printed thereon the words:
( ) YES Shall the Act changing the compensa-
( ) NO tion of the chairman and the other
members of the board of commission-
ers and for the election of the chairman
of the board of commissioners by the
voters of Atkinson County be ap-
proved?
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 Atkinson County.
It shall be the duty of the superintendent to hold and conduct such
4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating the office of commissioner of Atkinson County, approved
July 23,1931 (Ga. L. 1931, p. 380), as amended, so as to change the
compensation of the chairman and the other members of the board; to
provide for the election of the chairman; to provide for other matters
relative to the foregoing; and for other purposes.
This 8th day of January, 1983.
Honorable Tom Crosby, Jr.
Representative,
150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Crosby, Jr., who, on oath,
deposes and says that he is Representative from the 150th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Atkinson County Citizen which is
the official organ of Atkinson County, on the following dates: January
12,19 and 26.
/s/ Tom Crosby, Jr.
Representative,
150th District
GEORGIA LAWS 1983 SESSION
4119
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Amelia Smith
Notary Public, Georgia State at Large.
My Commission Expires October 8, 1984.
(Seal).
Approved March 16, 1983.
MAYOR OF CITY OF MARIETTA VETO POWER.
No. 333 (House Bill No. 689).
AN ACT
To amend an Act creating a new charter for the City of Marietta in
Cobb County, approved March 23,1977 (Ga. L. 1977, p. 3541), so as to
grant to the mayor a veto power; 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 new charter for the City of Marietta
in Cobb County, approved March 23, 1977 (Ga. L. 1977, p. 3541), is
amended by adding a new Section 2.11A to read as follows:
Section 2.11 A. (a) Every ordinance adopted by the city council
shall be presented promptly by the council to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordi-
nance, shall return it to the council 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 council. If the
ordinance is neither approved nor disapproved, it shall become law at
4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
12:00 Noon on the tenth calendar day after its adoption. If the
ordinance is disapproved, the mayor shall submit to the city council a
written statement of his reasons for his veto. The council shall record
upon the ordinance the date of its delivery to and receipt from the
mayor.
(c) Ordinances vetoed by the mayor shall be considered by the
city council at its next meeting and should the city council then or at
its next general meeting adopt the ordinance by an affirmative vote of
five members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of
appropriation in any ordinance. The approved part or parts of any
ordinance making appropriations shall become law, and the part or
parts disapproved shall not become law unless subsequently passed
by the city council over the mayors veto by the affirmative vote of
five members. The reduced part or parts shall be presented to city
council as though disapproved and shall become law unless over-
ridden by the council by the affirmative vote of five members.
(e) Every action of the city council which is taken by vote of the
city council other than the enactment of an ordinance shall be subject
to disapproval by the mayor. Any such action shall become effective
unless it is disapproved by the mayor at the meeting at which the vote
is taken; and if such an action is so disapproved by the mayor it shall
thereafter become effective only if the five members of the city
council affirmatively vote at the same or the next meeting of the city
council to take such action over the disapproval of the mayor.
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
1983 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.
GEORGIA LAWS 1983 SESSION
4121
This 31st day of Dec., 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 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: December 31,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
4122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
CLERK OF PROBATE COURT OF COBB COUNTY
COMPENSATION.
No. 334 (House Bill No. 693).
AN ACT
To amend an Act changing the compensation of the clerk of the
superior court, the sheriff, and the judge of the Probate Court of Cobb
County from the fee system to the salary system, approved February
9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the
compensation of the clerk of the Probate Court of Cobb County; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the clerk of the
superior court, the sheriff, and the judge of the Probate Court of Cobb
County from the fee system to the salary system, approved February
9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking
Section 3 in its entirety and inserting in lieu thereof a new Section 3 to
read as follows:
GEORGIA LAWS 1983 SESSION
4123
Section 3. The judge of the probate court of said county shall be
authorized and empowered to employ the clerical help necessary to
perform properly the functions and duties of his office. The clerk of
the probate court shall be compensated in the amount of $22,000.00
per annum, payable in equal monthly installments from the funds of
Cobb County. The judge of the probate court shall be authorized to
employ two deputy clerks who shall each receive an annual salary to
be determined by the governing authority of Cobb County. The hiring
of additional employees and their salaries shall first be approved by
the governing authority of Cobb County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
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 Janu-
ary-February 1983 session of the General Assembly of Georgia, a bill
to amend an Act changing the compensation of the Clerk of the
Superior Court, the Sheriff, and the Judge and the Clerk of the
Probate Court of Cobb County from the fee system to the salary
system, approved February 9,1949 (Ga. L. 1949, p. 428) as amended,
so as to change the compensation of the Sheriff, the Sheriffs Chief
Deputy, the Clerk of the Superior Court, the Deputy Clerk of the
Superior Court, the Judge of the Probate Court, and the Clerk of the
Probate Court; and for other purposes.
This 31st day of December, 1982.
4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 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: December 31,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
4125
COBB SUPERIOR COURT SALARY SUPPLEMENT
OF JUDGES.
No. 335 (House Bill No. 695).
AN ACT
To amend an Act creating the Cobb Judicial Circuit, approved
February 19,1951 (Ga. L. 1951, p. 184), as amended, so as to change
the provisions relating to the supplement to be paid to each of the
judges of the superior court of said circuit; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Cobb Judicial Circuit, approved
February 19, 1951 (Ga. L. 1951, p. 184), as amended, is amended by
striking Section 4H in its entirety and inserting in lieu thereof a new
Section 4H to read as follows:
Section 4H. Each judge of the Superior Court of the Cobb
Judicial Circuit shall receive an annual supplement of $9,752.00,
payable in equal monthly installments from the funds of Cobb
County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
4126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, a bill to amend an
Act creating the Cobb County Judicial Circuit, approved February 19,
1951 (Ga. L. 1951, p. 184) as heretofore amended; and for other
purposes.
This 31st day of Dec. 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 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: December 31,
1982, January 7,14,21,28,1983.
GEORGIA LAWS 1983 SESSION
4127
/s/ George W. Darden
Representative,
20th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
COBB COUNTY PROBATE JUDGE COMPENSATION.
No. 336 (House Bill No. 697).
AN ACT
To amend an Act changing the compensation of the clerk of the
superior court, the sheriff, and the judge of the Probate Court of Cobb
County from the fee system to the salary system, approved February
9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the
compensation of the judge of the probate court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the clerk of the
superior court, the sheriff, and the judge of the Probate Court of Cobb
County from the fee system to the salary system, approved February
9,1949 (Ga. L. 1949, p. 427), as amended, is amended by striking in its
entirety Section 2A of said Act, which reads as follows:
4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2A. The salary of the Judge of the Probate Court of Cobb
County shall be $34,000.00 per annum to be paid in equal monthly
installments from the funds of Cobb County.,
and inserting in lieu thereof the following:
Section 2A. The judge of the Probate Court of Cobb County shall
receive an annual salary of $40,735.00, to be paid in equal monthly
installments from the funds of Cobb County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
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 Janu-
ary-February 1983 session of the General Assembly of Georgia, a bill
to amend an Act changing the compensation of the Clerk of the
Superior Court, the Sheriff, and the Judge and the Clerk of the
Probate Court of Cobb County from the fee system to the salary
system, approved February 9,1949 (Ga. L. 1949, p. 428) as amended,
so as to change the compensation of the Sheriff, the Sheriffs Chief
Deputy, the Clerk of the Superior Court, the Deputy Clerk of the Su-
perior Court, the Judge of the Probate Court, and the Clerk of the
Probate Court; and for other purposes.
This 31st day of December, 1982.
GEORGIA LAWS 1983 SESSION
4129
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 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: December 31,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JEFF DAVIS COUNTY COMPOSITION OF
EDUCATION DISTRICTS.
No. 337 (House Bill No. 751).
AN ACT
To amend an Act providing for the election of the board of
education of Jeff Davis County, approved March 27, 1972 (Ga. L.
1972, p. 2760), so as to change the composition of the education
districts from which the members of the board of education are
elected; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the election of the board of
education of Jeff Davis County, approved March 27, 1972 (Ga. L.
1972, p. 2760), is amended by adding after Section 1 a new Section 1A
to read as follows:
Section 1A. For the purpose of electing members of the board
of education of Jeff Davis County in 1984 and thereafter, the Jeff
Davis County school district is divided into six education districts.
Each such district shall consist of a portion of the Jeff Davis County
school district, described as follows:
Education District Number 1:
Beginning at the Intersection of the Altamaha River and
U. S. Highway 221 (GA 135) and proceeding southward along this
Highway to its intersection with the Southern Railroad line within
the municipal boundaries of the City of Hazlehurst. The District
line then turns northwest and follows the Railroad line to the
municipal boundary of the City of Hazlehurst where it turns
GEORGIA LAWS 1983 SESSION
4131
northeast and follows the municipal boundary of the City of
Hazlehurst to its intersection with U. S. Highways 341 & 23 (GA
19 & 27). The District line then follows this Highway northwest to
the intersection with County Road 18 where it turns north and
follows CR 18 to its intersection with County Road 114. The
District line then follows CR 114 to its intersection with County
Road 185. The District line then proceeds northward until it
intersects with the Ocmulgee River.
Education District Number 2:
Beginning at the intersection of the Altamaha River and
U. S. Highway 221 (GA 135) and proceeding southward along this
highway to its intersection with the Southern Railroad line within
the municipal boundaries of the City of Hazlehurst. The District
line then turns southeast and follows the Railroad line to the
municipal boundary of the City of Hazlehurst where it turns
southwest and follows the municipal boundary of the City of
Hazlehurst to its intersection with U. S. Highway 23 (GA 19).
The District line then proceeds southeastward along this Highway
to its intersection with County Road 173 where it turns east and
follows CR 173 to its intersection with County Road 257. The
District line then follows CR 257 southeast to its intersection with
County Road 172 where it turns northeast and follows CR 172 to
the County Line of Jeff Davis and Appling Counties.
Education District Number 3:
Beginning at the intersection of the Coffee County line and
County Road 293 and proceeding north along CR 293 to its
intersection with County Road 249 where it follows CR 249 west to
U. S. Highway 221 (GA 135). The District line then proceeds
north along this highway to the municipal boundary of the City of
Hazlehurst where it turns east and follows the municipal
boundary of the City of Hazlehurst until it intersects with County
Road 293. The District line then follows CR 293 north to its
intersection with U. S. Highway 23 (GA 19) where it proceeds
northwest to the intersection of U. S. Highway 221 (GA 135) and
Georgia Highway 268. The District line then follows U. S. High-
way 221 (GA 135) north to its intersection with the Southern
Railroad line. The District line then turns southeast and follows
the Railroad line to the municipal boundary of the City of
Hazlehurst where it turns southwest and follows the municipal
4132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
boundary of the City of Hazlehurst to its intersection with U. S.
Highway 23 (GA 19). The District line then proceeds southeast
along this Highway to its intersection with County Road 173
where it turns east and follows CR 173 to its intersection with
County Road 257. The District line then follows CR 257 southeast
to its intersection with County Road 172 where it turns northeast
and follows CR 172 to the County Line of Jeff Davis and Appling
Counties.
Education District Number 4:
Beginning at the intersection of the Coffee County line and
County Road 293 and proceeding north along CR 293 to its
intersection with County Road 249 where it follows CR 249 west to
U. S. Highway 221 (GA 135). The District line then proceeds
north along this highway to the municipal boundary of the City of
Hazlehurst where it turns east and follows the municipal
boundary of the City of Hazlehurst until it intersects with County
Road 293. The District line then follows CR 293 north to its
intersection with U. S. Highway 23 (GA 19) where it proceeds
northwest to the intersection of U. S. Highway 221 (GA 135) and
Georgia Highway 268. The District line then follows GA 268 to its
intersection with County Road 8 and then follows County Road 8
to its intersection with County Road 10. The District line then
follows County Road 10 south to its intersection with GA 268
where it proceeds southwest to the intersection with Georgia
Highway 107. The District line then follows GA 107 west to the
Coffee County line.
Education District Number 5:
Beginning at the intersection of the Coffee County line and
Georgia Highway 107 and proceeding east to the intersection with
Georgia Highway 268. The District line then follows GA 268
northeast to its intersection with County Road 10 where it follows
CR 10 to its intersection with County Road 8. The District line
then follows County Road 8 east to its intersection with GA 268
where it proceeds northeast to the intersection with U. S. High-
way 221 (GA 135). The District line then follows U. S. Highway
221 (GA 135) north to its intersection with the Southern Railroad
line. The District line then turns northwest and follows the
Railroad line to the municipal boundary of the City of Hazlehurst
where it turns northeast and follows the municipal boundary of
GEORGIA LAWS 1983 SESSION
4133
the City of Hazlehurst to its intersection with U. S. Highways 341
& 23 (GA 19 & 27). The District line then follows this Highway
northwest to the intersection with County Road 18 where it turns
north and follows CR 18 to its intersection with County Road 114.
The District line then follows CR 114 to its intersection with
County Road 185. The District line then proceeds northward
until it intersects with the Ocmulgee River.
Education District Number 6:
All the territory lying within Education Districts 1,2,3,4, and
5.
The seven members of the board of education of Jeff Davis County
shall continue to be elected for the same terms and in the same
manner as provided in Section 1 of this Act.
Section 2. This Act shall become effective on January 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act to
provide for the election of the Board of Education of Jeff Davis
County, approved March 27, 1972 (Ga. L. 1972, p. 2760), so as to
reapportion the education districts; and for other purposes.
Roger Byrd
Representative,
153rd District Post 2
4134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publishers Affidavit.
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 2, February 9, and February 16,1983.
This 16th day of February, 1983.
/s/ Thomas H. Purser
Editor and Publisher
Sworn to and subscribed before me,
this 16th day of February, 1983.
/s/ Lonnie V. Roberts
Notary Public.
My Commission Expires 11/5/84.
(Seal).
Approved March 16, 1983.
CITY OF PALMETTO CORPORATE LIMITS
EXTENDED REFERENDUM.
No. 338 (House Bill No. 784).
AN ACT
To amend an Act providing a new charter for the City of Palmetto,
approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, so as to
GEORGIA LAWS 1983 SESSION
4135
annex into the city limits of the City of Palmetto that property
generally located northeast of the present city limits and lying and
being between Roosevelt Highway and the northern land lot line of
Land Lot 124 on the north, the eastern land lot line of Land Lot 124 to
the east, the southern lines of Land Lots 124 and 101 and Johnson
Road to the south, and by the present city limits to the east; 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 a new charter for the City of
Palmetto, approved March 2,1966 (Ga. L. 1966, p. 2771), as amended,
is amended by adding at the end of Section 2.1 the following:
The corporate limits of the City of Palmetto shall also include the
following described property:
All that tract or parcel of land lying and being in Land lots 68,92,
93,100,101 and 124 of the 7th District of Fulton County, being more
particularly described as follows: BEGINNING at that point where
the northern right-of-way of Roosevelt Highway intersects with the
present city limits of the City of Palmetto in Land Lot 68 and
traveling thence in a northeasterly direction along the present north
right-of-way of Roosevelt Highway to that point at which the north-
ern right-of-way of Roosevelt Highway intersects with the northern
boundary of Land Lot 124; thence in a easterly direction following the
northern land lot line of 124 to the eastern boundary of Land Lot 124
where said land lot forms a corner with Land Lots 123, 133 and 134;
thence in a southerly direction following the eastern boundary of
Land Lot 124 to the southeastern corner of Land Lot 124, where said
land lot intersects with and forms a corner with Land Lots 125, 132
and 133; thence in a westerly direction along the southern boundaries
of Land Lots 124 and 101 to a point at which the southern boundary
of Land Lot 101 intersects with the western right-of-way of Bowen
Road; running thence in a southerly direction along the western right-
of-way of Bowen Road to a point where the western right-of-way of
Bowen Road intersects with the northern right-of-way of Johnson
Road; thence following the curvature of the northern right-of-way of
Johnson Road in a westerly direction to a point where the north side
of the right-of-way of Johnson Road intersects the present corporate
4136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city limits of the City of Palmetto; thence northwest and northwest-
erly along the present corporate limits of the City of Palmetto,
following the curvature thereof, to the POINT OF BEGINNING.
LESS AND EXCEPT all that tract or parcel of land lying and
being in Land Lots 93 and 100 of the 7th District of Fulton County
and being lots now or formerly owned by Gerald L. Thompson and
Rebecca Lee Thompson, and more particularly described as follows:
BEGINNING at a point where the center line of Johnson Road
intersects the line dividing Land Lots 93 and 100 and running thence
westerly along the center line of Johnson Road a distance of 1092 feet
to a point; thence north 724 feet to a point; thence west 259 feet to a
point; thence north 1094 feet to the center of a branch; thence easterly
along the center line of said branch 87 feet and continuing southeast-
erly along the meanderings of said branch 1243 feet, more or less, to
the line dividing Land Lots 93 and 100; thence easterly 1240 feet,
more or less, to the center line of Bowen Road; thence southerly along
said center line 930 feet to a point; thence west 320 feet to a point;
thence south 154 feet to the center line of Johnson Road; thence
southwesterly and westerly along the center line of Johnson Road
1054 feet, more or less, to the land lot line to the POINT OF
BEGINNING.
This tract is more particularly described in deed from Nancy Lee
Carswell to Gerald L. Thompson and Rebecca Lee Thompson
recorded in Deed Book 6864, p. 429, Fulton County records;
ALSO, LESS AND EXCEPT all that tract or parcel of land lying
and being in Land Lot 100 of the 7th District of originally Coweta,
then Campbell, now Fulton County, Georgia, and being lots now or
formerly owned by Gerald L. Thompson and Rebecca Lee Thompson,
and being more particularly described as follows: BEGINNING at
the intersection of Bowen Road and Johnson Road, thence along the
north side of Johnson Road in a southwesterly direction a distance of
344 feet; thence north a distance of 122 feet; thence east a distance of
320 feet to the west side of Bowen Road; thence south along the west
side of Bowen Road a distance of 52 feet, said point being the POINT
OF BEGINNING.
This property is more particularly described in a deed from Lee,
Watson & Watson to Thompson, recorded in Deed Book 6071, p. 80 of
the Fulton County records;
GEORGIA LAWS 1983 SESSION
4137
ALSO, LESS AND EXCEPT all that tract or parcel of land lying
and being in Land Lot 93 of the 7th District of originally Campbell
County, now Fulton County, Georgia, and being land now or formerly
owned by Gerald L. Thompson and Rebecca Lee Thompson, being
more particularly described as follows: BEGINNING at a point on
the north side of the right-of-way of Johnson Road 160 feet west of
the intersection of said east line of Land Lot 93 and the right-of-way
of Johnson Road on the north side; running thence north parallel to
the east line of Land Lot 93, a distance of 720 feet; thence west 285
feet to an iron pin; thence south parallel to the east line of Land Lot
93, a distance of 692.5 feet to the right-of-way of Johnson Road;
thence east along the right-of-way of Johnson Road a distance of 285
feet to the POINT OF BEGINNING.
Said tract is more particularly described in a deed from Alton D.
Thompson, Jr. and Rebecca Lee Thompson to Gerald L. Thompson
and Rebecca Lee Thompson and recorded in Deed Book 5965, p. 423
of the Fulton County records;
ALSO, LESS AND EXCEPT all that tract or parcel of land lying
and being in Fulton County, Georgia, and being property now or
formerly owned by James W. Parrott and Linda F. Parrott and being
more particularly described as follows: BEGINNING at a point in the
center of Tatum Road at its intersection with the south, or southeast
line of the right-of-way of the Atlanta and West Point Railroad, and
running thence south 37 degrees 30 minutes east a distance of 350 feet
along the center of Tatum Road; running thence south 16 degrees 45
minutes east a distance of 500 feet along Tatum Road; running thence
south 28 degrees 30 minutes east a distance of 400 feet along the
center of Tatum Road; running thence west 253 feet to an iron pin;
running thence north 27 degrees 15 minutes west along a fence a
distance of 1130 feet, more or less, to an iron pin at the south or
southeast line of the right-of-way of the Atlanta and West Point
Railroad; running thence northeasterly along said right-of-way a
distance of 252 feet, more or less to the center of Tatum Road and the
POINT OF BEGINNING.
Said tract is more particularly described in a deed from Flynt to
Parrott and Parrott and recorded in Book 5050, page 68, Fulton
County records.
ALSO, LESS AND EXCEPT all that tract or parcel of land lying
and being in Land Lot 68, District 7 of Fulton County and being
4138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
property now or formerly owned by Velita R. Morris and being more
particularly described as that lot being triangular in shape as formed
by the southern right-of-way of Roosevelt Highway, the western
right-of-way of State Highway 54 (Phipps Road) and the northeast-
ern property line of a lot now or formerly owned by the Ramah
Baptist Church. This lot is further identified as parcel number 07-
3100-0069-065-9 of the Real Estate Atlas of Fulton County, Georgia,
Map Volume, South Part 1,12th Edition, Published 1982.
Section 2. 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 the
City of Palmetto to issue the call for an election for the purpose of
submitting this Act to the electors of the City of Palmetto for
approval or rejection. The superintendent shall set the date of such
election for a day not less than 30 nor more than 60 days after the date
of the issuance of the call. The superintendent shall cause the date
and purpose of the election to be published once a week for two weeks
immediately preceding the date thereof in the official organ of Fulton
County. The ballot shall have written or printed thereon the words:
( ) YES Shall the Act annexing into the city
( ) NO limits of the City of Palmetto that
property generally located northeast of
the present city limits and lying be-
tween Roosevelt Highway and the
northern land lot line of Land Lot 124
on the north, eastern land lot line of
Land Lot 124 to the east, the southern
lines of Land Lots 124 and 101 and
Johnson Road to the south and by the
present city limits to the east be ap-
proved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by the City of
Palmetto. It shall be the duty of the superintendent to hold and
conduct such election. It shall be his further duty to certify the result
thereof to the Secretary of State.
GEORGIA LAWS 1983 SESSION
4139
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 the City of Palmetto, Georgia, intends
to apply for passage of local legislation at the 1983 session of the
General Assembly of the State of Georgia, convening in January,
1983, to amend the Charter of the City of Palmetto, Georgia (Georgia
Laws 1966, p. 2771, et seq., as amended) so as to annex into the city
limits of the City of Palmetto property located in Land Lots 92, 93,
101, 100 and 124 of Fulton County, and being bounded by the
northern side of Roosevelt Highway and Land Lot 124 and southerly,
more or less by Land Lots 124,101, Bowen Road and Johnson Road.
Kirby A. Glaze
City Attorney,
City of Palmetto
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
21, 28, days of January, 1983, and on the 4 day of February, 1983. As
provided by law.
/s/ Frances K. Beck
4140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Subscribed and sworn to before me,
this 9 day of February, 1983.
/s/ April M. Elmore
Notary Public, Georgia State at Large.
My Commission Expires Feb. 17, 1986.
(Seal).
Approved March 16, 1983.
CITY OF HOBOKEN RECORDERS COURT FINES.
No. 339 (House Bill No. 785).
AN ACT
To amend an Act providing a new charter for the City of Hoboken,
Georgia, approved March 24, 1976 (Ga. L. 1976, p. 3060), so as to
change certain fines; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section It An Act providing a new charter for the City of
Hoboken, Georgia, approved March 24,1976 (Ga. L. 1976, p. 3060), is
amended by striking from subsection (a) of Section 4.04 thereof the
following:
$200.00,
and inserting in its place the following:
$350.00,
GEORGIA LAWS 1983 SESSION
4141
so that when so amended said subsection shall read as follows:
(a) The recorders court shall try and punish for crimes against
the City of Hoboken and for violation of its ordinances. The
recorders court shall have authority to punish those in its presence
for contempt, provided that such punishment shall not exceed
$100.00 or 30 days in jail. The recorders court may fix punishment
for offenses within its jurisdiction not exceeding a fine of $350.00 or
imprisonment for 60 days, or both, and as an alternative to fine or
imprisonment, 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 60 days.
Section 2. Said Act is further amended by striking from Section
7.03 thereof the following:
$200.00,
and inserting in its place the following:
$350.00,
so that when so amended said section shall read as follows:
Section 7.03. Penalties. The violation of any provisions of this
charter for which penalty is not specifically provided herein is hereby
declared to be a misdemeanor and punishable by a fine of not more
than $350.00 or by imprisonment not to exceed 60 days, or both.
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 1983
Session of the General Assembly of Georgia a bill to amend the
Charter of the City of Hoboken (Ga. L. 1976, p. 3060) approved
March 24, 1976; to increase the authority of the Recorders Court of
Hoboken to levy fines from the amount of $200.00 to the amount of
$1,000.00; to repeal conflicting laws; and for other purposes.
4142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Linda Martin, Clerk
Stanley Edwards, Mayor
City of Hoboken
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Smith, who, on oath, deposes
and says that he is Representative from the 152nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Brantley Enterprise which is the official
organ of Brantley County, on the following dates: January 6,13, 20,
1983.
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
4143
RICHMOND COUNTY EXEMPTION OF CERTAIN
PROPERTY FROM AD VALOREM TAXES CONTINUED.
No. 340 (House Bill No. 388).
AN ACT
To provide for authority; to continue in force and effect as part of
the Constitution ratified at the general election in 1982 that Constitu-
tional Amendment Number 74 (Res. Act 147, H.R. 632-1889, Ga. L.
1974, p. 1709), duly ratified at the 1974 general election and pro-
claimed by the Governor to be a part of the Constitution of Georgia of
1945, which amendment exempts the capital improvements of certain
manufacturing establishments and certain additions thereto from all
Richmond County ad valorem property taxes, except school taxes, for
a period of five years following their establishment or addition; 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 is passed pursuant to Article XI, Section I,
Paragraph IV of the Constitution, authorizing the continuation of
certain amendments to the Constitution.
Section 2. Constitutional Amendment Number 74 (Res. Act 147,
H. R. 632-1889, Ga. L. 1974, p. 1709), duly ratified at the 1974 general
election and proclaimed by the Governor to be a part of the Constitu-
tion of Georgia of 1945, which amendment exempts the capital
improvements of certain manufacturing establishments and certain
additions thereto from all Richmond County ad valorem property
taxes, except school taxes, for a period of five years following their
establishment or addition, shall not be repealed or deleted upon July
I, 1987, as part of the Constitution ratified at the general election in
1982 but is specifically continued in force and effect on and after that
date as part of that Constitution.
Section 3. This Act shall become effective on July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
4144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia an Act to maintain
the provisions of a local constitutional amendment applying to
Richmond County, Georgia, as found in Ga. Laws 1974, page 1709,
providing that certain capital improvements of new manufacturing
establishments and certain additions to such capital improvements of
manufacturing establishments shall be exempt from certain county
ad valorem taxes, except school taxes, in Richmond County; provid-
ing an effective date; and for other purposes.
This 17th day of December, 1982.
Jack Connell
Representative,
87th District
Georgia, Richmond County.
Personally appeared before me, a Notary Public, the undersigned,
Paul S. Simon, who, on oath, says that he is the President of
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the County of Richmond, who certifies that the legal
notice of intention to apply for local legislation was duly published
once a week for three weeks, as required by law, said dates of
publication being December 24,31,1982, and January 7,1983.
/s/ Paul S. Simon
President,
Southeastern Newspapers
Corporation, Publisher of
The Augusta Herald,
Richmond County, Georgia
GEORGIA LAWS 1983 SESSION
4145
Sworn to and subscribed before me,
this 7th day of January, 1983.
/s/ JoAnn M. Lundquist
Notary Public, Georgia State at Large.
My Commission Expires June 23, 1986.
(Seal).
Approved March 16, 1983.
STATE COURT OF DECATUR COUNTY
COMPENSATION OF JUDGE AND SOLICITOR
TERMS OF COURT, ETC.
No. 341 (House Bill No. 443).
AN ACT
To amend an Act creating the State Court of Decatur County
(formerly the Civil and Criminal Court of Decatur County), approved
November 27,1900 (Ga. L. 1900, p. 104), as amended, so as to change
the compensation provisions relating to the judge and the solicitor of
said court; to change the provisions relating to terms of court; to
change the provisions relating to trials by jury; to provide 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 Decatur County
(formerly the Civil and Criminal Court of Decatur County), approved
November 27,1900 (Ga. L. 1900, p. 104), as amended, is amended by
striking Section 4A in its entirety and inserting in lieu thereof a new
Section 4A to read as follows:
4146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4A. The judge of the State Court of Decatur County shall
receive an annual salary of $15,000.00 to be paid in equal monthly
installments from county funds. The judge shall also be entitled to an
expense allowance of $100.00 per month.
Section 2. Said Act is further amended by striking Section 8A in
its entirety and inserting in lieu thereof a new Section 8A to read as
follows:
Section 8A. The solicitor of the State Court of Decatur County
shall receive an annual salary of $12,000.00 to be paid in equal
monthly installments from county funds. The solicitor shall also be
entitled to an expense allowance of $100.00 per month. Said compen-
sation shall be in full for all services rendered by the solicitor, and he
shall receive no other compensation for said services. With the
approval of the judge of the state court, the solicitor shall be empow-
ered to employ, at his own expense, an assistant to assist him in
carrying out his duties.
Section 3. Said Act is further amended by striking Section 13 in
its entirety and inserting in lieu thereof a new Section 13 to read as
follows:
Section 13. The regular terms of the State Court of Decatur
County shall be held monthly, beginning on the third Monday of each
month. The judge of said court shall have power to hold said court in
session so long as in his judgment the same may be necessary and to
adjourn the same from one day to another as he may see proper.
Section 4. Said Act is further amended by striking Section 16 in
its entirety and inserting in lieu thereof a new Section 16 to read as
follows:
Section 16. (a) The judge of the State Court of Decatur County
shall have power and authority to hear and determine all civil and
criminal cases in which said court has jurisdiction. All cases, both
civil and criminal, over which the court has jurisdiction shall be tried
by the judge without a jury unless one party to the case shall demand,
in writing, a trial by jury as to civil cases at the time of filing the suit or
when defensive pleadings are filed and, in criminal cases, at the time
of pleading to the accusation.
GEORGIA LAWS 1983 SESSION
4147
(b) The jury in criminal cases shall consist of six jurors to be
stricken alternately by the state and the defendant from a panel of 12
qualified, prospective jurors. The state shall be entitled to three
peremptory strikes, and the defendant shall be entitled to three
peremptory strikes. The state shall be entitled to the first such strike
and the defendant shall be entitled to the last such strike, and the six
remaining jurors shall compose the jury for the trial of the case.
(c) The jury in civil cases shall consist of six jurors to be stricken
alternately by the plaintiff and the defendant from a panel of 12
qualified, prospective jurors. The plaintiff shall be entitled to three
peremptory strikes and the defendant shall be entitled to three
peremptory strikes. The plaintiff shall be entitled to the first such
strike and the defendant shall be entitled to the last such strike. The
six remaining jurors shall compose the jury for the trial of the case.
Section 5. Said Act is further amended by striking Section 26 in
its entirety and inserting in lieu thereof a new Section 26 to read as
follows:
Section 26. All laws with reference to juries, including the
disqualification, impaneling, challenging, or fining of jurors, now in
force or hereafter to be enacted regulating the same in the superior
courts shall apply to and be observed in the state court, except when
inconsistent with the provisions of this Act.
Section 6. Said Act is further amended by striking Section 27 in
its entirety and inserting in lieu thereof a new Section 27 to read as
follows:
Section 27. All civil cases in which no jury is demanded by either
party shall be tried by the court in regular term. The court shall be
open for trial of criminal cases at all times.
Section 7. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
creating the State Court of Decatur (formerly the Civil and Criminal
Court of Decatur County), approved November 27,1900 (Ga. L. 1900,
p. 104), as amended; and for other purposes.
This 12th day of January, 1983.
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 is Representative from the 141st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Bainbridge Post-Searchlight which is the
official organ of Decatur County, on the following dates: January 12,
19,26,1983.
/s/ Walter Cox
Representative,
141st District
Sworn to and subscribed before me,
this 26th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
4149
BOARD OF COMMISSIONERS OF MONTGOMERY
COUNTY COMPENSATION AND EXPENSES OF
MEMBERS CHANGED.
No. 342 (House Bill No. 470).
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 compensation and expenses of the chairman and
members of the board; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. 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 Section 10 in
its entirety and substituting in lieu thereof a new Section 10 to read as
follows:
Section 10. (a) The Chairman of the Board of Commissioners
shall be compensated in the amount of $250.00 per month, and, in
addition thereto, the Chairman shall receive $100.00 per month as an
expense allowance.
(b) The members of the Board of Commissioners other than the
Chairman shall be compensated in the amount of $100.00 per month
and may be reimbursed for actual and necessary expenses incurred by
them in carrying out their official duties as members of the board.
(c) The compensation and expenses provided for in this Section
shall be paid from the funds of Montgomery County.
Section 2. This Act shall become effective on January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating the Board of Commissioners of Montgomery County,
approved February 21,1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 2729) as
amended; and for other purposes.
This 4th day of January, 1983.
Julian Warnock
Chairman
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 is Representative from the 120th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Montgomery Monitor which is the official
organ of Montgomery County, on the following dates: January 19, 26,
and February 2,1983.
/s/ L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
4151
WHEELER COUNTY COMPENSATION OF
COMMISSIONER CHANGED.
No. 343 (House Bill No. 471).
AN ACT
To amend an Act creating the office of commissioner of Wheeler
County, approved August 7,1924 (Ga. L. 1924, p. 378), as amended,
particularly by an Act approved April 5,1961 (Ga. L. 1961, p. 2870)
and by an Act approved April 6,1981 (Ga. L. 1981, p. 3661), 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
Wheeler County, approved August 7, 1924 (Ga. L. 1924, p. 378), as
amended, particularly by an Act approved April 5,1961 (Ga. L. 1961,
p. 2870) and by an Act approved April 6,1981 (Ga. L. 1981, p. 3661),
is amended by striking Section 2 of the amendatory Act approved
April 5,1961 (Ga. L. 1961, p. 2870), as amended by the Act approved
April 6,1981 (Ga. L. 1981, p. 3661) in its entirety and substituting in
lieu thereof a new Section 2 to read as follows:
Section 2. The commissioner of Wheeler County shall receive
an annual salary of $14,000.00 to be paid from the funds of Wheeler
County. Said salary shall be paid in weekly, semimonthly, or monthly
installments as the commissioner shall determine.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Legal Notice.
Notice is hereby given that there will be introduced in the 1982
regular session of the General Assembly of Georgia, an Act to amend a
certain Act and Acts passed thereafter concerning the Commissioner
of Wheeler County, Georgia (Georgia Laws 1915, Page 430). The
purpose of said legislation will be to provide for a change in the
manner of compensation of the Wheeler County Commissioner and
for an effective date for such legislation, and for other purposes.
Stanley Smith,
County Attorney
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 is Representative from the 120th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Wheeler County Eagle which is the official
organ of Wheeler County, on the following dates: December 28,1982,
January 5,12,1983.
M L. L. Phillips
Representative,
120th District
GEORGIA LAWS 1983 SESSION
4153
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
BOARD OF PUBLIC EDUCATION FOR THE CITY
OF SAVANNAH AND THE COUNTY OF CHATHAM
COMPENSATION OF MEMBERS CHANGED.
No. 344 (House Bill No. 475).
AN ACT
To amend an Act relating to the Board of Public Education for the
City of Savannah and the County of Chatham, approved March 21,
1968 (Ga. L. 1968, p. 2636), as amended, so as to change the provisions
relating to the compensation of the members and chairman of said
board; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to the Board of Public Education for
the City of Savannah and the County of Chatham, approved March
21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by striking
Section 4 in its entirety and substituting in lieu thereof a new Section
4 to read as follows:
Section 4. The members of the board shall each receive $3,600.00
per annum and the chairman of the board shall receive $6,000.00 per
4154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
annum as full compensation for their duties. Such compensation
shall be paid to each member and to the chairman in equal monthly
installments from the funds of Chatham 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 is hereby given that there will be introduced at the 1983
Session of the Georgia General Assembly a Bill to amend an Act
approved March 21, 1968, (Ga. L. 1968 p. 2536) and related Acts,
pertaining to the Board of Education for the City of Savannah and
the County of Chatham and relating to the amount of compensation
paid to Members of the elected Board of Education and an Act to
amend the Districts from which they are elected and the length of the
terms that the elected Members shall serve on the Board of Education
and Acts relating to other matters relating to said Board of Educa-
tion.
This 29th day of December, 1982.
Edward H. Lee
School Board Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Anne Mueller, who, on oath, deposes
and says that she is Representative from the 126th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
GEORGIA LAWS 1983 SESSION
4155
tion was published in the Georgia Gazette which is the official organ
of Chatham County, on the following dates: January 5,12,19,1983.
/s/ Anne Mueller
Representative,
126th District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
RABUN COUNTY CLERK OF SUPERIOR COURT
COMPENSATION.
No. 345 (House Bill No. 595).
AN ACT
To amend an Act placing the clerk of the Superior Court of Rabun
County on an annual salary, approved March 3,1964 (Ga. L. 1964, p.
2241), as amended by an Act approved February 18, 1977 (Ga. L.
1977, p. 2629) and by an Act approved March 18,1980 (Ga. L. 1980, p.
3329), so as to change the compensation of the clerk of the superior
court; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the Superior Court of
Rabun County on an annual salary, approved March 3,1964 (Ga. L.
1964, p. 2241), as amended by an Act approved February 18,1977 (Ga.
4156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
L. 1977, p. 2629) and by an Act approved March 18,1980 (Ga. L. 1980,
p. 3329), is amended by striking Section 2 in its entirety and substi-
tuting in lieu thereof a new Section 2 to read as follows:
Section 2. The Clerk of the Superior Court of Rabun County
shall receive an annual salary of $19,550.00, payable in equal monthly
installments from the funds of Rabun County.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia a bill to revise and
amend the salary of the Clerk of Superior Court of Rabun County,
Georgia, and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ralph Twiggs, who, on oath, deposes
and says that he is Representative from the 4th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Clayton Tribune which is the official organ of
Rabun County, on the following dates: December 23, 30, 1982 and
January 6,1983.
/s/ Ralph Twiggs
Representative,
4th District
GEORGIA LAWS 1983 SESSION
4157
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
JUDGE OF PROBATE COURT OF LIBERTY COUNTY
METHOD OF COMPENSATION CHANGED, ETC.
No. 346 (House Bill No. 601).
AN ACT
To abolish the present mode of compensating the judge of the
Probate Court of Liberty County, known as the fee system; to provide
in lieu thereof an annual salary; to provide that all fees, costs, or other
emoluments of said officer shall become the property of the county; to
provide for an exception; 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 a clerk by said officer; to provide for the compen-
sation for such clerk; to provide for other personnel; to provide an
effective date; to provide for specific repeal; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the
Probate Court of Liberty County, known as the fee system, is abol-
ished and, in lieu thereof, an annual salary for such officer is pre-
scribed as provided in this Act.
4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The judge of the probate court shall receive an annual
salary of not less than $20,000.00, the exact amount to be determined
by the governing authority of Liberty County. In addition to the
annual salary, the judge of the probate court shall receive not less
than $2,400.00 per annum for those services relating to the conduct of
elections, the exact amount to be determined by the governing
authority of Liberty County. The annual salary and additional
compensation of the judge of the probate court shall be payable in
equal monthly installments from county funds. The annual salary
and additional compensation shall be the sole compensation for
services of the judge of the probate court in any capacity except those
services for copies or searches by local custodians of vital records as
provided in Code Section 31-10-27 of the O.C.G.A.
Section 3. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for services in any capacity except as provided in Section 2
of this Act and shall receive and hold the same in trust for said county
as public moneys and shall pay the same into the county treasury on
or before the fifteenth day of each month next following the month in
which they were collected or received. At the time of each such
monthly payment into the county treasury, the judge of the probate
court shall furnish the governing authority of the county a detailed,
itemized statement, under oath, of all such funds received during the
preceding month by such officer and paid into the county treasury.
The statement shall show the respective amounts of money collected
and the source thereof.
Section 4. The judge of the probate court shall be authorized to
appoint a clerk to assist in carrying out the duties of the office. The
said clerk shall receive a salary of not less than $5,512.00 per annum,
the exact amount to be determined by the board of commissioners,
payable in equal monthly installments out of the funds of Liberty
County. The judge of the probate court shall have the authority to
appoint such other deputies, clerks, assistants, and other personnel
deemed necessary to discharge efficiently and effectively the official
duties of the office. The judge of the probate court shall, from time to
time, recommend to the governing authority of said county the
number of such personnel needed by the 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
GEORGIA LAWS 1983 SESSION
4159
to fix the number of such other employees and their compensation. It
shall be within the sole power and authority of the judge of the
probate court, during the term of office to which elected, to designate
and name the person or persons who shall be employed as such
deputies, clerks, assistants, or other employees; to prescribe their
duties and assignments; and to remove or replace any of such employ-
ees at will and within his or her sole discretion.
Section 5. The necessary operating expenses of the judge of the
probate courts office, expressly including the compensation of the
personnel in the office of the judge of the probate court, shall be paid
from any funds of the county available for such purpose. All supplies,
materials, furnishings, furniture, and utilities 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 Liberty County.
Section 6. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 7. An Act supplementing the fees of the judge of the
Probate Court of Liberty County, approved February 16,1955 (Ga. L.
1955, p. 2342), as amended, is repealed in its entirety.
Section 8. 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
1983 session of the General Assembly of Georgia, a bill to change the
method of compensation of and the amount of compensation of the
Liberty County Probate Judge; to provide for related matters; and for
other purposes.
4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 25th day of January, 1983.
James M. Floyd
Chairman,
Liberty County
Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Joe E. Brown, who, on oath, deposes
and says that he is Representative from the 154th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Coastal Courier which is the official organ of
Liberty County, on the following dates: January 28, February 4, 11,
1983.
/s/ Joe E. Brown
Representative,
154th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
4161
TOWN OF TAYLORSVILLE CHARTER AMENDMENTS
REFERENDUM.
No. 347 (House Bill No. 632).
AN ACT
To amend an Act creating and establishing a new charter for the
Town of Taylorsville, approved February 8, 1937 (Ga. L. 1937, p.
2121), as amended by an Act approved March 7,1960 (Ga. L. 1960, p.
2287), so as to correct and clarify the corporate limits of the Town of
Taylorsville; to change the provisions relating to the election of the
mayor and aldermen; to delete certain provisions relating to the
registration of voters; to provide for a referendum; to provide for
other matters relative to the foregoing; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a new charter for the
Town of Taylorsville, approved February 8, 1937 (Ga. L. 1937, p.
2121), as amended by an Act approved March 7,1960 (Ga. L. 1960, p.
2287), is amended by striking the first sentence of Section 1 which
reads as follows:
Be it enacted by the General Assembly of the State of Georgia,
and it is hereby enacted by the authority of the same, That from and
after the passage of this Act, the Town of Taylorsville in the County
of BartQW, be incorporated as a town under the name of the Town of
Taylorsville.,
and inserting in lieu thereof the following:
Be it enacted by the General Assembly of the State of Georgia
and it is enacted by the authority of the same, that from and after the
passage of this Act, the Town of Taylorsville in the Counties of
Bartow and Polk is incorporated as a town under the name of the
Town of Taylorsville.,
so that when so amended, Section 1 shall read as follows:
4162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. Be it enacted by the General Assembly of the State
of Georgia, and it is enacted by the authority of the same, that from
and after the passage of this Act, the Town of Taylorsville in the
Counties of Bartow and Polk is incorporated as a town under the
name of the Town of Taylorsville. The corporate powers of said town
shall be vested in a mayor and two aldermen and by the name of the
mayor and aldermen they may sue and be sued and exercise all the
corporate powers that may be necessary in performing their duties.
Section 2. Said Act is further amended by striking Section 2
which reads as follows:
Section 2. Be it enacted by the authority aforesaid, That the
corporate limit of said town shall extend twelve hundred (1200) yards
every direction from an iron post in the north east corner of lot of land
No. 1281 in the 17th District and 3rd section, Bartow County,
Georgia.,
and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. The corporate limits of the Town of Taylorsville
shall extend twelve hundred (1,200) yards in every direction from a 4
diameter steel disk set in the center of Rockmart Street and
Stilesboro Street at state plane coordinates N 1,487, 378.21 and E
251,426.66 and as more particularly described by that certain survey
prepared by A. Lee Smith, Smith & Smith, Registered Land Survey-
ors, P.C., as will be recorded in the records of the clerks of the
Superior Courts of Bartow and Polk counties.
Section 3. Said Act is further amended by striking Section 4,
relating to the method of elections and terms of the mayor and
aldermen, and inserting in lieu thereof a new Section 4 to read as
follows:
Section 4. On the second Wednesday in December, 1983, and
every two years thereafter on the same day of the week and in the
same month an election shall be held in the Town of Taylorsville for
the election of the mayor and two aldermen, as provided in Section 13
of this charter. The mayor and aldermen shall serve for terms of two
years and until their successors are elected and qualified. The
election of the mayor and aldermen shall be conducted in accordance
with Chapter 3 of Title 21 of the Official Code of Georgia Annotated,
known as the Georgia Municipal Election Code.
GEORGIA LAWS 1983 SESSION
4163
Section 4. Said Act is further amended by striking Section 9
which reads as follows:
Section 9. Be it further provided by the authority aforesaid,
That it shall be the duty of all persons who desire to register to apply
to the clerk in person and furnish satisfactory evidence of their
qualifications of registration and in case the clerk is not satisfied as to
the qualifications of such applicant he may require the following oath
or affirmation to be made and taken by the applicant: I do swear (or
affirm) that I am a qualified voter for members of the House of
Representatives in the General Assembly of Georgia from the County
of Bartow, and that I have resided within the jurisdictional limits of
the Town of Taylorsville for the period of six months last past, so help
me God. The clerk of said town shall be authorized to administer
said oath and shall keep a record of same upon the registration book,
and may refuse to register such persons as may decline to take the
oath aforesaid. Such registration shall be permanent or until persons
registering become disqualified as provided by the laws of Georgia or
by this Act.,
in its entirety.
Section 5. Said Act is further amended by striking Section 13
which reads as follows:
Section 13. Be it further enacted by the authority aforesaid,
That the three persons who shall receive the highest number of votes
in an election for mayor and aldermen shall be declared elected,
Provided that the person receiving the highest number of votes shall
be declared to be the mayor, or that the three persons receiving the
highest number of votes may select among themselves which one shall
be the mayor in case two persons should receive the same highest
number of votes.,
and inserting in lieu thereof a new Section 13 to read as follows:
Section 13. Candidates shall qualify either as a candidate for
the office of mayor or as a candidate for the office of alderman. A
person shall not be eligible to qualify as a candidate for both the office
of mayor and the office of alderman. The candidate for the office of
mayor receiving the largest number of votes shall be elected mayor.
The two candidates for the offices of aldermen receiving the largest
number of votes shall be elected aldermen.
4164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. (a) Not less than 15 nor more than 30 days after the
date of the approval of this Act by the Governor, or after it otherwise
becomes law without his approval, it shall be the duty of the election
superintendent of the Town of Taylorsville to issue the call for an
election for the purpose of submitting the legal description of the
corporate limits provided in Section 2 of this Act to the electors of the
area described in Section 2 of this Act for approval or rejection.
(b) 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 organs of
Bartow and Polk counties.
(c) The ballot shall have written or printed thereon the words:
( ) YES Shall the description of the corporate
( ) NO limits of the Town of Taylorsville
which reads as follows: The corporate
limits of the Town of Taylorsville shall
extend twelve hundred (1,200) yards in
every direction from a 4" diameter
steel disk set in the center of Rockmart
Street and Stilesboro Street at state
plane coordinates N 1,487,378.21' and
E 251,426.66' and as more particularly
described by that certain survey pre-
pared by A. Lee Smith, Smith & Smith,
Registered Land Surveyors, P.C., as
will be recorded in the records of the
clerks of the Superior Courts of Bartow
and Polk counties. be approved?
(d) All persons desiring to vote for approval of Section 2 of this
Act shall vote Yes, and those persons desiring to vote for rejection
of the Act shall vote No. The votes of the electors of the Bartow
County portion of the area described in Section 2 of this Act shall be
counted separately from the votes of the electors of the Polk County
portion of the area described in Section 2 of this Act. If more than
one-half of the votes cast by the electors of the Bartow County
portion of the area described in Section 2 of this Act and more than
one-half of the votes cast by the electors of the Polk County portion of
GEORGIA LAWS 1983 SESSION
4165
this Act are in favor of the legal description of the corporate limits of
the Town of Taylorsville, then Section 2 of this Act shall become of
full force and effect; otherwise it shall be void and of no force and
effect.
(e) The expense of such election shall be borne by the Town of
Taylorsville. 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 hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia a bill to amend an
Act incorporating the Towif of Taylorsville, approved February 8,
1937 (Ga. Laws 1937, page 2121), as amended and for other purposes.
This 4th day of January, 1983.
Mell Rhodes
Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Boyd Pettit, who, on oath, deposes
and says that he is Representative from the 19th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Cedartown Standard which is the official organ
of Polk County, on the following dates: January 11,18, 25,1983.
4166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Boyd Pettit
Representative,
19th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/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
1983 session of the General Assembly of Georgia a bill to amend an
Act incorporating the Town of Taylorsville, approved February 8,
1937 (Ga. Laws 1937, page 2121), as amended and for other purposes.
This 4th day of January, 1983.
Mell Rhodes
Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Boyd Pettit, who, on oath, deposes
and says that he is Representative from the 19th 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
GEORGIA LAWS 1983 SESSION
4167
Bartow County, on the following dates: January 20, 27, and February
3,1983.
/s/ Boyd Pettit
Representative,
19th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
CLERK OF SUPERIOR COURT OF CLAY COUNTY
METHOD OF COMPENSATING CHANGED, ETC.
No. 348 (House Bill No. 721).
AN ACT
To abolish the present mode of compensating the clerk of the
Superior Court of Clay County, known as the fee system; to provide in
lieu thereof an annual salary for said officer; 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 deputies, clerks, assistants, and other personnel by
said officer; to provide for the compensation of such deputies, clerks,
assistants, and other personnel; to provide an effective date; to repeal
conflicting laws; and for other purposes.
4168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the clerk of the
Superior Court of Clay County, known as the fee system, is abolished
and, in lieu thereof, an annual salary for such officer is prescribed as
provided in this Act.
Section 2. The annual salary of the clerk of the Superior Court of
Clay County shall be fixed and determined by the governing author-
ity of Clay County. The annual salary of the clerk of the superior
court shall not be less than the minimum salary prescribed by general
law nor more than 150 percent of the minimum salary prescribed by
general law. The annual salary of the clerk of the superior court shall
be payable in equal monthly installments from county funds.
Section 3. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for services in any capacity and shall receive and hold the
same in trust for said county as public moneys and shall pay the same
into the county treasury on or before the fifteenth day of each month
next following the month in which they were collected or received. At
the time of each such monthly payment into the county treasury, the
clerk of the superior court shall furnish the governing authority of the
county a detailed, itemized statement, under oath, of all such funds
received during the preceding month by such officer and paid into the
county treasury. The statement shall show the respective amounts of
money collected and the source thereof.
Section 4. The clerk of the superior court shall have the
authority to employ deputies, clerks, assistants, and other personnel
deemed necessary to discharge efficiently and effectively the official
duties of the office. The clerk of the superior court shall, from time to
time, recommend to the governing authority of said county the
number of such personnel needed by the office, together with the
suggested compensation to be paid each employee. However, it shall
be within the sole discretion of the governing authority of said county
to fix the number of such other employees and their compensation. It
shall be within the sole power and authority of the clerk of the
superior court, during the term of office to which elected, to designate
and name the person or persons who shall be employed as such
deputies, clerks, assistants, or other employees; to prescribe their
GEORGIA LAWS 1983 SESSION
4169
duties and assignments; and to remove or replace any of such employ-
ees at will and within his sole discretion.
Section 5. The necessary operating expenses of the office of the
clerk of the superior court, expressly including the compensation of
the personnel in the office of the clerk of the superior court, shall be
paid from any funds of the county available for such purpose. All
supplies, materials, furnishings, furniture, and utilities 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 Clay County.
Section 6. This Act shall become effective 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 1983
session of the General Assembly of Georgia a bill concerning the
compensation of the offices of Probate Judge, Clerk of Superior
Court, Tax Commissioner and Sheriff of the County of Clay, and for
other purposes.
This 14th day of January, 1983.
Gerald Isler, Chairman
Clay 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
4170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he is Representative from the 131st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cuthbert Times and News Record which is
the official organ of Clay County, on the following dates: January 20,
27, and February 3,1983.
/s/ Bob Hanner
Representative,
131st District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
CLERK OF SUPERIOR COURT OF CARROLL COUNTY
COMPENSATION CHANGED.
No. 349 (House Bill No. 714).
AN ACT
To amend an Act placing the clerk of the Superior Court of Carroll
County on a salary basis, approved March 27, 1972 (Ga. L. 1972, p.
2751), as amended, particularly by an Act approved April 6, 1981
(Ga. L. 1981, p. 3470), so as to change the compensation of the clerk
of the Superior Court of Carroll County; to provide an effective date;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
4171
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the Superior Court of
Carroll County on a salary basis, approved March 27, 1972 (Ga. L.
1972, p. 2751), as amended, particularly by an Act approved April 6,
1981 (Ga. L. 1981, p. 3470), is amended by striking Section 2 of said
Act, which reads as follows:
Section 2. (a) For a period of three months immediately
following the effective date of this section the clerk of the superior
court shall receive a salary of $2,416.00 per month, payable monthly
from county funds.
(b) Immediately following the three-month period provided in
subsection (a), the salary of the clerk of the superior court shall be
$23,000.00 per year, payable in equal monthly installments from
county funds.,
in its entirety and inserting in lieu thereof a new Section 2 to read as
follows:
Section 2. The clerk of the superior court shall receive an
annual salary of $27,500.00, payable in equal monthly installments
from county funds.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular
1983 session of the General Assembly of Georgia a bill to change the
compensation of the Clerk of the Superior Court of Carroll County
and for other purposes.
4172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 10th day of January, 1983.
/s/ Charles A. Thomas, Jr.
/s/ Gerald L. Johnson
/s/ Wayne Garner
Affidavit.
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Daily-Times Georgian legal organ for Carroll
County. The following dates, to-wit: January 13,20 and 27.
Sworn to on the 11th day
of February, 1983.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me,
on the 16th day of February, 1983.
/s/ Linda W. Jeter
Notary Public.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
4173
RICHMOND COUNTY COMPENSATION OF CERTAIN
OFFICIALS CHANGED.
No. 350 (House Bill No. 666).
AN ACT
To amend an Act establishing the compensation of certain offi-
cials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p.
3941), so as to change the compensation of certain officials; to provide
for the payment of such 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 establishing the compensation of certain
officials in Richmond County, approved April 12,1982 (Ga. L. 1982,
p. 3941), is amended by striking in its entirety Section 1 thereof and
inserting in lieu thereof a new Section 1 to read as follows:
Section 1. (a)- The following officials of Richmond County,
Georgia, shall receive an annual salary, payable from the funds of
Richmond County, Georgia, as follows:
(1) Clerk of superior court
and state court...............................$ 28,000.00
(2) Judge of the probate court....................... 32,025.00
(3) Tax commissioner............................... 31,000.00
(4) Judge of the state court......................... 46,500.00
(5) Solicitor of the state court..................... 19,782.00
(6) Coroner.......................................... 16,380.00
(7) Judge of the civil court......................... 33,200.00
(8) Associate judge of the
civil court.................................... 31,700.00
4174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(9) Chairman of the board
of commissioners................................ 9,396.00
(10) Member of the board
of commissioners................................ 6,996.00
(11) District attorney................................ 8,694.00
(12) Judge of the superior court..................... 11,781.00
(13) Sheriff......................................... 35,069.00
(b) The compensation provided for in subsection (a) of this
section shall be paid 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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia an Act to establish
the compensation for certain elected officials of Richmond County,
Georgia, and certain elected officials of the State of Georgia whose
salaries are supplemented by Richmond County, Georgia; to prohibit
certain practices by certain officials; to provide an effective date; to
repeal conflicting laws; and for other purposes.
This 13th day of December, 1982.
Robert C. Daniel, Jr.
County Attorney,
Richmond County, Georgia
GEORGIA LAWS 1983 SESSION
4175
Georgia, Richmond County.
Personally appeared before me, a Notary Public, the undersigned,
Paul S. Simon, who, on oath, says that he is the President of
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the County of Richmond who certifies that the legal
notice of intention to apply for local legislation was duly published
once a week for three weeks, as required by law, said dates of
publication being December 20,27,1982, and January 3,1983.
/s/ Paul S. Simon, President,
Southeastern Newspapers
Corporation, Publisher of
the Augusta Herald,
Richmond County, Georgia
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ JoAnn M. Lundquist
Notary Public, Georgia State at Large.
My Commission Expires June 23, 1986.
(Seal).
Approved March 16, 1983.
4176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COOK COUNTY BOARD OF COMMISSIONERS
COMPENSATION OF MEMBERS CHANGED.
No. 351 (House Bill No. 736).
AN ACT
To amend an Act creating a board of commissioners for Cook
County, approved August 12,1919 (Ga. L. 1919, p. 627), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4251),
so as to change the provisions relating to the compensation of the
members of the board of commissioners; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Cook
County, approved August 12,1919 (Ga. L. 1919, p. 627), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4251),
is amended by striking in its entirety subsection (a) of Section 17,
which reads as follows:
(a) The chairman of the board of commissioners shall receive
$100.00 per month, and the other members of the board of commis-
sioners shall each receive $75.00 per month. The chairman shall be
elected at the first regular meeting in January of each year by the
members of the board of commissioners from among the members of
the board of commissioners. Each member of the board of commis-
sioners, including the chairman, shall also receive an expense allow-
ance of $50.00 per month and shall be paid actual expenses incurred
by him in carrying on county business while outside Cook County.
The expense outside the county shall be paid only when authorized by
the whole board and submitted as an itemized statement to the clerk
of said board. The above-authorized compensation and expenses
shall be paid from the funds of the county each month., -
and inserting in its place a new subsection to read as follows:
(a) The chairman of the board of commissioners shall receive
$250.00 per month, and the other members of the board of commis-
sioners shall each receive $225.00 per month. The chairman shall be
GEORGIA LAWS 1983 SESSION
4177
elected at the first regular meeting in January of each year by the
members of the board of commissioners from among the members of
the board of commissioners. Each member of the board of commis-
sioners, including the chairman, shall also be paid actual expenses
incurred by him in carrying on county business while outside Cook
County. The expense outside the county shall be paid only when
authorized by the whole board and submitted as an itemized state-
ment to the clerk of said board. The above-authorized compensation
and expenses shall be paid from the funds of the county each month.
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
1983 session of the General Assembly of Georgia a bill to amend an
Act creating Board of Commissioners for Cook County, approved
August 12,1919 (Ga. L. 1919, p. 627), as last amended, particularly by
an Act approved April 6,1981 (Ga. L. 1981, H. B. No. 1079) to provide
for a change in the salary of the commissioners, with the Chairman of
the Board of Commissioners to receive $250.00 per month instead of
$150.00 per month and the other members of the Board of Commis-
sioners to receive $225.00 per month instead of $125.00 per month.
This 2nd day of February, 1983.
Cook County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Hanson Carter, who, on oath, deposes
4178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he is Representative from the 146th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Adel News which is the official organ of
Cook County, on the following dates: February 2,9 and 16,1983.
/s/ Hanson Carter
Representative,
146th District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 16, 1983.
GOVERNING AUTHORITY OF CANDLER COUNTY
AUTHORIZED TO FIX SALARIES OF JUDGE AND
SOLICITOR OF STATE COURT OF SAID COUNTY.
No. 352 (House Bill No. 737).
AN ACT
To amend an Act establishing the State Court of Candler County,
approved July 29,1920 (Ga. L. 1920, p. 364), as amended, particularly
by an Act approved April 11, 1979 (Ga. L. 1979, p. 3927), so as to
authorize the governing authority of Candler County to fix the annual
salary of the judge and solicitor of said court; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
4179
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Candler
County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended,
particularly by an Act approved April 11,1979 (Ga. L. 1979, p. 3927),
is amended by striking Section 5 in its entirety and substituting in
lieu thereof a new Section 5 to read as follows:
Section 5. Be it further enacted by the authority aforesaid, that
any person who shall be elected or appointed judge of said court,
must, at the time of his election or appointment, be at least 25 years of
age, must have been a practicing attorney for at least three years, and
must have resided in Candler County for at least one year immedi-
ately prior thereto and he shall, before entering upon the discharge of
his duties take and subscribe the following oath: I swear that I will
administer justice without respect of persons, and do equal rights to
the poor and rich, and that I will faithfully and impartially discharge
and perform all of the duties incumbent on me as judge of said State
Court of Candler County, according to the best of my ability and
understanding, and agreeably to the laws and Constitution of the
State and the Constitution of the United States, so help me God.,
which oath shall be forwarded promptly to the Governor and filed in
the Executive Department. The judge of said court shall receive an
annual salary of not less than $8,000.00 and not more than $11,000.00,
the exact amount to be determined by the governing authority of
Candler County, payable in equal monthly installments out of the
funds of Candler County and the governing authority of Candler
County shall annually make provisions by levying taxes for this
purpose.
Section 2. Said Act is further amended by striking Section 6 in
its entirety and substituting in lieu thereof a new Section 6 to read as
follows:
Section 6. Be it further enacted by the authority aforesaid, that
there shall be a solicitor of said court, who shall be elected or
appointed at the same time, in the same manner, and for the same
term as the judge of said court, who shall have been a practitioner of
law and a resident of Candler County for one year prior to his election
or appointment. A vacancy in the office of solicitor of said court shall
be filled in the same manner as a vacancy in the office of the judge
thereof is filled. The duties of the solicitor shall be to prosecute all
offenses cognizable before said court, and shall represent the state in
4180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
all cases carried to the higher courts. The solicitor shall receive an
annual salary of not less than $7,000.00 and not more than $10,000.00,
the exact amount to be determined by the governing authority of
Candler County, which shall be paid in the same manner as the
judges salary is paid. In the absence or disqualification of the
solicitor of said court, the judge thereof shall appoint a solicitor pro
tern, who shall discharge the same duties as the solicitor, and for such
services he shall receive the sum of $10.00 for each conviction and the
sum of $5.00 for each plea of guilty entered, which fee is to be paid out
of the salary of the solicitor. The solicitor of said court, before
entering upon the discharge of the duties of his office, shall take and
subscribe the following oath, to wit: I do solemnly swear that I will
faithfully and without fear, favor, or affection, and impartially, and to
the best of my abilities and understanding discharge all of the duties
devolving upon and required of me as solicitor, so help me God. The
said oath shall be filed in the clerks office of said court and entered
upon the minutes thereof.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
establishing the State Court of Candler County, approved July 29,
1920 (Ga. L. 1920, p. 364), as amended, so as to authorize the
governing authority of Candler County to fix the annual salary of the
judge and solicitor of State Court; and for other purposes.
This 28th day of January, 1983.
Honorable Randolph C. Karrh
Representative,
109th District
GEORGIA LAWS 1983 SESSION
4181
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 is Representative from the 109th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Metter News and Advertiser which is
the official organ of Candler County, on the following dates: February
2,9,16,1983.
/s/ Randolph C. Karrh
Representative,
109th District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
CITY OF COLBERT CHARTER AMENDMENTS
REFERENDUM.
No. 353 (House Bill No. 739).
AN ACT
To amend an Act amending, consolidating, and superseding the
several Acts incorporating the City of Colbert and creating a new
4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
charter for said city, approved February 14, 1950 (Ga. L. 1950, p.
2417), as amended, so as to change the punishment that may be
imposed by the person holding and presiding over the police court of
said city for violations of the charter or ordinances of said city; to
provide a homestead exemption from city ad valorem taxes for
residents of the City of Colbert in an amount to be fixed by the
governing authority at not more than $6,000.00; to provide for proce-
dures relative thereto; to provide for a referendum; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act amending, consolidating, and superseding the
several Acts incorporating the City of Colbert and creating a new
charter for said city, approved February 14, 1950 (Ga. L. 1950, p.
2417), as amended, is amended by striking from Section 22 the
following:
two hundred dollars,
and inserting in lieu thereof the following:
$1,000.00,
so that when so amended Section 22 shall read as follows:
Section 22. Be it further enacted, that the mayor or in his
absence or disqualification the mayor pro tem., or in the case of the
absence of both the mayor and the mayor pro tem., any councilmen of
the City of Colbert may hold and preside over a court in said city, to
be called the Police Court, for trial of all offenders against the laws
and ordinances of said city as often as necessary. Said court shall
have the power to reserve order, compel the attendance of witnesses,
compel the production of books and papers to be used as evidence and
punish for contempt. Said mayor, mayor pro tem., or other person
acting as such shall not have power to try any alleged offender
without first having written charges preferred against him or her.
Said court shall have the power to punish all violations of the charter
or ordinances of the city by a fine not to exceed $1,000.00, impris-
onment in the city prison or in the county jail, having previously
arranged with the county officers, not to exceed sixty days, or to work
GEORGIA LAWS 1983 SESSION
4183
on the streets in the city chaingang, or such other public places as the
mayor or acting mayor may direct, not to exceed sixty days; however,
the punishment of confinement in the city or county jail, and that of a
sentence to work on the streets in the city chaingang shall not both be
inflicted in any one case, and neither the punishment of confinement
in the city or county jail, or that of a sentence to work in the city
chaingang on the streets of said city shall be inflicted except as an
alternative upon failure or refusal to pay such fine as may be fixed by
the mayor or acting mayor in addition to said above punishment such
fines imposed by the mayor or acting mayor may be collected by
execution.
Section 2. Said Act is further amended by adding after Section
34, relating to the city ad valorem tax rate, a new section, to be
designated Section 34A, to read as follows:
Section 34A. The governing authority of the City of Colbert
may grant an exemption from city ad valorem taxes on a homestead
owned and occupied by a resident of the city as a residence and
homestead, and only so long as actually occupied by the owner
primarily as such, in an amount to be fixed by the governing authority
at not more than $6,000.00 of its value. The governing authority of the
city may by ordinance provide the procedures and requirements
necessary for the proper administration of this exemption. The
exemption granted to the homestead by this section shall extend to
and shall apply to those properties, the legal title to which is vested in
one or more titleholders, if actually occupied by one or more such
owners as a residence. In such instances, such exemptions shall be
granted to such properties, if claimed in the manner required by the
city by one or more of the owners actually residing on such property.
Such exemptions shall also extend to those homesteads, the title to
which is vested in an administrator, executor, or trustee, if one or
more of the heirs or cestui que uses residing on such property shall
claim the exemption granted by this section in the manner required
by the city. There shall be no more than one exemption per
homestead. The exemption provided in this section shall apply to all
taxable years beginning after December 31,1983.
Section 3. Not less than 15 nor more than 30 days after the date
of the approval of this Act by the Governor, or after it otherwise
becomes law, it shall be the duty of the election superintendent of the
City of Colbert to issue the call for an election for the purpose of
submitting this Act to the electors of Colbert for approval or rejec-
4184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion. 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 Madison County.
The ballot shall have written or printed thereon the words:
( ) YES Shall Section 2 of the Act providing a
( ) NO homestead exemption for residents of
the City of Colbert in an amount to be
fixed by the governing authority of the
city at not more than $6,000.00 from all
ad valorem taxes levied and collected
by the city be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by the City of Colbert.
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 hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia a bill to amend the
charter of the City of Colbert, Georgia in Madison County, to provide
for homestead exemption, an increase in the penalties for violation of
city ordinances and for other purposes.
GEORGIA LAWS 1983 SESSION
4185
This 1st day of February, 1983.
Lane Fitzpatrick
City Attorney for
Colbert, Georgia
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 is Representative from the 13th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Danielsville Monitor which is the
official organ of Madison County, on the following dates: February 4,
11,18,1983.
/s/ Louie Max Clark
Representative,
13th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
4186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DECATUR CORPORATE LIMITS EXTENDED.
No. 354 (House Bill No. 740).
AN ACT
To amend an Act creating and establishing a new charter for the
City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as
amended, so as to change, enlarge, and extend the corporate limits of
the City of Decatur; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a new charter for
the City of Decatur, approved August 17,1909 (Ga. L. 1909, p. 757),
as amended, is amended so as to change, enlarge, and extend the
corporate limits of the City of Decatur by including therein additional
and contiguous territory described as follows:
All that tract and parcel of land lying and being in Land Lot 244 of
the 15th District of DeKalb County, Georgia and being lots
numbers 14 through 21, both inclusive, as shown on plat of survey
of property of W. E. Baker made by Watts & Browning, Engi-
neers, dated October 30, 1950, of record in Plat Book 18, page
106, in the office of the Clerk of the Superior Court of DeKalb
County, Georgia, and being more particularly described as fol-
lows:
BEGINNING on the eastern right of way of North Parkwood
Road at the intersection of said right of way with the Land Lot
Line which divides Land Lot 244 of the 15th District and Land
Lot 4 of the 18th District of DeKalb County, Georgia, and Land
Lot Line also being a District line; and running thence southerly
along the eastern right of way of North Parkwood Road a
distance of 600 feet to the southern line of Lot 21 of the Baker
property; thence easterly 219.9 feet along the southern line of Lot
21 aforesaid to the City Limits line of the City of Decatur; thence
running northerly along said City Limits line 625 feet to the Land
Lot Line dividing Land Lot 244 of the 15th District and Land Lot
4 of the 18th District aforesaid; thence running westerly 230 feet
GEORGIA LAWS 1983 SESSION
4187
along said District Line and Land Lot Line to the eastern right of
way of North Parkwood Road at the point of beginning.
Section 2. This Act shall become effective on July 1,1983.
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
1983 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 27th day of December, 1982.
Eleanor L. Richardson
Representative,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Peggy Childs, who, on oath, deposes
and says that she is Representative from the 53rd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Decatur DeKalb News Era which is the
official organ of DeKalb County, on the following dates: January 6,
13,29,1983.
/s/ Peggy Childs
Representative,
53rd District
4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
CITY OF ROME ELECTION OF CITY
COMMISSION MEMBERS COMPENSATION.
No. 355 (House Bill No. 742).
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 the provisions relating to the election of the city commission;
to provide for compensation of the members of the commission; to
provide for other matters relative to the foregoing; to provide effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Rome,
approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is
amended by striking Section 3 in its entirety and substituting in lieu
thereof a new Section 3 to read as follows:
Section 3. (a) The governing and legislative authority of the
city shall be vested in a commission of nine members. Three of said
commissioners from each ward of the city shall be elected by a
plurality of the consolidated vote of the entire city. The members of
GEORGIA LAWS 1983 SESSION
4189
said commission shall have attained the age of 21 years, and shall
have been residents and citizens of said city for at least two years next
preceding their election. The members at the time of and during their
continuance in office shall be bona fide residents and citizens of the
city and the ward from which they are elected and must also at the
time of their qualification for election have been a registered voter
and elector of the city at least 90 days prior to their qualification for
election. Each member of said commission shall receive a salary of
$3,000.00 per annum. At their first meeting, or as soon thereafter as
possible, the members of said commission shall elect one of their
members as chairman, who shall receive a salary per annum in an
amount equal to 1.5 times the salary of a commission member, and
one as chairman pro tempore, who shall receive a salary per annum in
an amount equal to 1.25 times the salary of a commission member.
The chairman, or in his absence, the chairman pro tempore, shall
preside over the deliberations of the commission and shall have the
right to vote on all questions; he shall preserve order and decorum at
all meetings of the commission and shall enforce the rules of that
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 served upon the
chairman of the commission.
(b) An election shall be held in the city on the first Tuesday in
December, 1984, to elect commissioners who shall serve and hold
office from January, 1985, until the time hereinafter set forth and
until their successors are duly elected and qualified.
(c) Candidates from Wards 1 and 3 who are elected shall serve
and hold office from the first Monday in January, 1985, until the first
Monday in January, 1988, and until their successors are duly elected
and qualified.
(d) Candidates from Ward 2 who are elected shall serve and hold
office from the first Monday in January, 1985, until the first Monday
in January, 1990, and until their successors are duly elected and
qualified.
(e) At the expiration of the terms of the commissioners elected
on the first Tuesday in December, 1984, commissioners shall be
elected to terms of four years thereafter and until their successors are
duly elected and qualified. Elections subsequent to the December,
1984, election shall be held on the first Tuesday after the first
4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Monday in November in the year next preceding the expiration of the
respective terms and the commissioners elected shall serve and hold
office for terms of four years from the first Monday in January of the
year they assume office and until their successors are duly elected and
qualified.
Section 2. The provisions of this Act necessary for the election of
commissioners during 1984 shall become effective upon the approval
of this Act by the Governor or upon its otherwise becoming law. This
Act shall become effective for all purposes on January 1,1985.
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
1983 session of the General Assembly of Georgia a bill to amend the
Charter of the City of Rome (Georgia Law 1918, Pages 813FF, as
amended); to provide for a change in election procedures for city
commissioners and for members of the Board of Education; to repeal
conflicting provisions; and for other purposes.
This 31st day of January, 1983.
John Adams
Representative,
16th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Adams, who, on oath, deposes
and says that he is Representative from the 16th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
GEORGIA LAWS 1983 SESSION
4191
was published in the Rome News-Tribune which is the official organ
of Floyd County, on the following dates: February 3,10,17,1983.
/s/ John Adams
Representative,
16th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
CITY OF CAIRO CORPORATE LIMITS EXTENDED.
No. 357 (House Bill No. 800).
AN ACT
To amend an Act incorporating the City of Cairo, approved
August 6,1906 (Ga. L. 1906, p. 573), as amended, so as to extend the
corporate limits of said city; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Cairo, approved
August 6, 1906 (Ga. L. 1906, p. 573), as amended, is amended by
adding at the end of Section 3 the following:
In addition to the present territory included within the corporate
limits of said city, the corporate limits of said city shall include
therein the following territory and area:
4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TRACT 1: All that tract or parcel of land containing 53
acres, more or less, lying and being in Land Lot 1 and Land Lot 40
in the 19th Land District of Grady County, Georgia, being more
particularly described as follows: Begin at the southwest corner of
said Lot 1 (said point being a point common to Land Lots 1, 2, 39
and 40 of Land District 19) and run thence North 00 02 00 west
along the west lot line of said Lot 1 a distance of 954.96 feet; thence
south 88 00 east a distance of 2023 feet, more or less, to a point
which lies on the limits of the City of Cairo; thence south 43 00
west and into Land Lot 40 a distance of 3023.33 feet to the point
on the west Lot Line of Land Lot 40; thence north 02 00 west a
distance of 1326.78 feet to the point of beginning.
TRACT 2: All that tract or parcel of land containing 8
acres, more or less, lying and being in Lot of Land No. 1 in the 19th
Land District, and Lot of Land No. 20 in the 18th Land District of
Grady County, Georgia, and more particularly described as fol-
lows: Commence at a point in Lot No. 1, said point being the point
of intersection of the west right-of-way margin of Stephens Drive,
N.W. and the north right-of-way margin of 14th Avenue, N.W.
and run thence south 89 30 west a distance of 140 feet to a point
located on the limits of the City of Cairo, and being the point of
beginning. Run thence south 89 30 west a distance of 155 feet,
more or less, to the run of a branch; thence along the run of said
branch north 56 10 west a distance of 43 feet; thence along the
run of said branch north 25 00 west a distance of 212 feet to a
point where a branch running in a generally Southwesterly direc-
tion empties into said branch; thence along the run of said branch
that flows in a Southwesterly direction as follows: North 39 10
east a distance of 116 feet; north 45 22 east a distance of 92 feet;
north 40 30 east a distance of 96 feet; north 11 22 east a
distance of 75 feet; north 16 30 east a distance of 118 feet; north
32 24 east 106 feet; north 44 55 east a distance of 83 feet; north
34 36 east a distance of 92 feet; north 53 05 east a distance of 93
feet; north 56 30 east a distance of 102 feet to the east lot line of
said Lot of Land No. 1 of the 19th District; which is the west lot
line of Land Lot 20 of the 18th District); thence south 00 30 east
a distance of 85 feet; thence north 89 30 east and into Lot of
Land No. 20 a distance of 500 feet, more or less, to a point on the
limits of the City of Cairo; thence south 43 00 west and into said
Land Lot 1 a distance of 1210 feet, more or less, to the point of
beginning.
GEORGIA LAWS 1983 SESSION
4193
Section 2. 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 1983 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 extend and change the corporate limits, and for
other purposes.
Bobby Long
Representative,
142nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bobby Long, who, on oath, deposes
and says that he is Representative from the 142nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cairo Messenger which is the official organ
of Grady County, on the following dates: January 28, February 4,11,
1983.
/s/ Bobby Long
Representative,
142nd District
4194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
DOUGHERTY COUNTY COMMISSION DISTRICTS
CHANGED, ETC.
No. 358 (House Bill No. 801).
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) and an Act approved February 19,1982 (Ga. L. 1982, p. 3519),
so as to change the commission districts; to clarify that elections and
terms under the changed districts shall remain the same as under
these districts as formerly described; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Dough-
erty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as
amended, particularly by an Act approved February 24,1978 (Ga. L.
1978, p. 3058) and an Act approved February 19,1982 (Ga. L. 1982, p.
3519), is amended by striking subsection (c) of Section 1 thereof and
inserting in its place a new subsection (c) to read as follows:
GEORGIA LAWS 1983 SESSION
4195
(c) For purposes of electing the members of the board of
commissioners, other than the chairman, Dougherty County shall be
divided into six commission districts as follows:
COUNTY COMMISSION DISTRICT 1
Shall consist of the following described area of Dougherty County:
Commencing at the intersection of the center line of Slappey Boule-
vard and the north Dougherty County line; thence running in a
westerly direction along the north Doughterty County line to the
center line of Cambridge Road; thence running in a southerly direc-
tion along the center line of Cambridge Road to the center line of
Northgate Road; thence running in a southerly direction along the
center line of Northgate Road to the center line of Old Dawson Road;
thence running in a westerly direction along the center line of Old
Dawson Road to the center line of East Doublegate Road; thence
running in a southerly direction along the center line of East Double-
gate Road to the center line of Weymouth Road; thence running in a
southerly direction along the center line of Weymouth Road to the
center line of Gillionville Road; thence running in a westerly direction
along the center line of Gillionville Road to the center line of
Cooleewahee Creek; thence running in a southerly direction along the
center line of Cooleewahee Creek to the center line of the Central of
Georgia Railroad track; thence running north easterly along the
center line of the Central of Georgia Railroad track to the center line
of Westover Road; thence running in a southerly direction along the
center line of Westover Road to the center line of Gordon Avenue;
thence running in a north easterly direction along the center line of
Gordon Avenue to the center line of Elm Street; thence running in a
southerly direction along the center line of Elm Street to the center
line of Jones Avenue; thence running in an easterly direction along
the center line of Jones Avenue to the center line of Walnut Street;
thence running in a southerly direction along the center line of
Walnut Street to the center line of Waddell Avenue; thence running
in an easterly direction along the center line of Waddell Avenue to the
center line of Slappey Boulevard; thence running in a northerly
direction along Slappey Boulevard to the center line of Lincoln
Avenue; thence running in an easterly direction along the center line
of Lincoln Avenue to the center line of McKinley Street; thence
running in a northerly direction along the center line of McKinley
Street to the center line of Oglethorpe Boulevard (S.R. 82); thence
running in a westerly direction along the center line of Oglethorpe
Boulevard (S.R. 82) to the center line of Slappey Boulevard; thence
4196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
running in a northerly direction along the center line of Slappey
Boulevard to the center line of Gillionville Road; thence running in a
north westerly direction along the center line of Gillionville Road to
the center line of Meadowlark Drive; thence running in a northerly
direction along the center line of Meadowlark Drive to the center line
of Kenilworth Drive; thence running in an easterly direction along the
center line of Kenilworth Drive to the center line of Lullwater Road;
thence running in a northeasterly direction along the center line of
Lullwater Road to the center line of Dawson Road; thence running in
a north westerly direction along the center line of Dawson Road to the
center line of Whispering Pines Road; thence running in an easterly
direction along the center line of Whispering Pines Road to the center
line of Homewood Drive; thence running in a northerly direction
along the center line of Homewood Drive to the center line of Stuart
Avenue; thence running at an easterly direction along the center line
of Stuart Avenue to the center line of Slappey Boulevard; thence
running at a northerly direction along the center line of Slappey
Boulevard to the center line of north Dougherty County line.
COUNTY COMMISSION DISTRICT 2
Shall consist of the following described area of Dougherty County:
Commencing at the intersection of the center line of Oglethorpe
Boulevard (S.R. 82) and Front Street; thence running in an easterly
direction along the center line of Oglethorpe Boulevard (S.R. 82) to
the center line of the Seaboard Coastline Railroad track; thence
running in a southerly direction along the center line of the Seaboard
Coastline Railroad track to the center line of School Bus Road; thence
running in a westerly direction along the center line of School Bus
Road to the center line of Radium Springs Road (Dixie Highway);
thence running in a southerly direction along the center line of
Radium Springs Road (Dixie Highway) to a point north of the
Seaboard Coastline Railroad track which intersects Radium Springs
Road (Dixie Highway), located in Land Lot 247, First Land District;
thence running in a westerly direction north of the railroad track to
the center line of the Flint River; thence running in a northerly
direction along the center line of the Flint River to the center line of
Twin Flower Road; thence running in a north westerly direction along
the center line of Twin Flower Road to the center line of Sweetbriar
Road; thence running in a westerly direction along the center line of
Sweetbriar Road to the center line of Lilly Pond Road; thence
running in a westerly direction along the center line of Lilly Pond
Road to the intersection of Newton Road (S.R. 91); thence running in
GEORGIA LAWS 1983 SESSION
4197
a north easterly direction along the center line of Newton Road (S.R.
91) to the center line of Jefferies Avenue; thence running in an
easterly direction along the center line of Jefferies Avenue to the
center line of Martin Luther King Jr., Drive; thence running in a
southerly direction along the center line of Martin Luther King Jr.
Drive to the center line of Alice Avenue; thence running in an easterly
direction along the center line of Alice Avenue to the center line of
Jackson Street; thence running in a northerly direction along the
center line of Jackson Street to the center line of Front Street; thence
running in a northerly direction along the center line of Front Street
to the center line of Mercer Avenue; thence running in an easterly
direction along the center line of Mercer Avenue to the center line of
Front Street; thence running in a northerly direction along the center
line of Front Street to the center line of Oglethorpe Boulevard (S.R.
82).
COUNTY COMMISSION DISTRICT 3
Shall consist of the following described area in Dougherty County:
Commencing at the intersection of the center line of Liberty Express-
way and Jefferson Street; thence running in a south easterly direction
along the center line of Liberty Expressway to a point on the north
Land Lot Line of Land Lot 200, First Land District; thence running in
an easterly direction along the north line of Land Lot 200 to the
center line of Turner Field Road; thence running in a northerly
direction along the center line of Turner Field Road to the center line
of D. C. Schilling Drive; thence running in a northerly direction
through Land Lot 194 and Land Lot 292, First Land District to the
center line of the City of Albany city limits line; thence running in a
north easterly direction along the center line of the City of Albany
city limits line to the center line of the Flint River in Land Lot 290,
First Land District; thence running in an easterly direction down the
center line of the Flint River passing through Land Lots 290,288,287,
286, 285,121 and 119, First Land District, intersecting at the City of
Albany city limits line located in Land Lot 121, First Land District;
thence running in a south westerly direction along the center line of
the City of Albany city limits line to the center line of McCollum
Drive; thence running in a southerly direction along the center line of
McCollum Drive to the center line of Cordele Road (S.R. 300); thence
running in a south westerly direction along the center line of Cordele
Road (S.R. 300) to the center line of Clark Avenue; thence running at
a westerly direction along the center line of Clark Avenue to the
center line of Acorn Street; thence running in a southerly direction
4198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
along the center line of Acorn Street to the center line of Broad
Avenue; thence running in a westerly direction along the center line of
Broad Avenue to the center line of Liberty Expressway; thence
running in a southerly direction along the center line of Liberty
Expressway to the center line of Oglethorpe Boulevard (S.R. 82);
thence running in a westerly direction along the center line of
Oglethorpe Boulevard (S.R. 82) to the center line of Front Street;
thence running in a southerly direction along the center line of Front
Street to the center line of Mercer Avenue; thence running in a
westerly direction along the center line of Mercer Avenue to the
center line of Front Street; thence running in a southerly direction
along the center line of Front Street to the center line of Jackson
Street; thence running in a southerly direction along the center line of
Jackson Street to the center line of Alice Avenue; thence running in a
westerly direction along the center line of Alice Avenue to the
intersection of Martin Luther King Jr., Drive; thence running in a
northerly direction along the center line of Martin Luther King Jr.,
Drive to the center line of Holloway Avenue; thence running in a
westerly direction along the center line of Holloway Avenue to the
center line of Monroe Street; thence running in a northerly direction
along the center line of Monroe Street to the center line of Oglethorpe
Boulevard (S.R. 82); thence running in a westerly direction along the
center line of West Oglethorpe Boulevard (S.R. 82) to the center line
of Slappey Boulevard; thence running in a northerly direction along
the center line of Slappey Boulevard to the center line of Third
Avenue; thence running in a easterly direction along the center line of
Third Avenue to the center line of Jefferson Street; thence running in
a northerly direction along the center line of Jefferson Street to the
center line of Liberty Expressway.
COUNTY COMMISSION DISTRICT 4
Shall consist of the following described area in Dougherty County:
Commencing at the intersection of the center line of Liberty Express-
way and Jefferson Street; thence running in a south easterly direction
along the center line of Liberty Expressway to a point on the north
Land Lot line of Land Lot 200, First Land District; thence running in
an easterly direction along the north line of Land Lot 200 to the
center line of Turner Field Road; thence running in a northerly
direction along the center line of Turner Field Road to the center line
of D. C. Schilling Drive; thence running in a northerly direction
through Land Lot 194 and Land Lot 292, First Land District to the
center line of the City of Albany city limits line; thence running in a
GEORGIA LAWS 1983 SESSION
4199
north easterly direction along the center line of the City of Albany
city limits line to the center line of the Flint River in Land Lot 290,
First Land District; thence running in an easterly direction down the
center line of the Flint River passing through Land Lots 290,288,287,
286,285,121,119, 282 and 81, all located in the First Land District to
the north Dougherty County line, where the Fifteenth Land District
and the First Land District intersect; thence running in a westerly
direction along the center line of the north Dougherty County line to
the center line of Slappey Boulevard; thence running in a southerly
direction along the center line of Slappey Boulevard to the center line
of Stuart Avenue; thence running in a westerly direction along the
center line of Stuart Avenue to the center line of Homewood Drive;
thence running in a southerly direction along the center line of
Homewood Drive to the center line of Whispering Pines Road; thence
running in a westerly direction along the center line of Whispering
Pines Road to the center line of Dawson Road; thence running in a
south easterly direction along the center line of Dawson Road to the
center line of Lullwater Road; thence running in a south westerly
direction along the center line of Lullwater Road to the center line of
Kenilworth Drive; thence running in a westerly direction along the
center line of Kenilworth Drive to the center line of Meadowlark
Drive; thence running in a southerly direction along the center line of
Meadowlark Drive to the center line of Gillionville Road; thence
running in an easterly direction along the center line of Gillionville
Road to the center line of Slappey Boulevard; thence running in a
northerly direction along the center line of Slappey Boulevard to the
center line of Third Avenue; thence running in an easterly direction
along the center line of Third Avenue to the center line of Jefferson
Street; thence running in a northerly direction along the center line of
Jefferson Street to the center line of Liberty Expressway.
COUNTY COMMISSION DISTRICT 5
Shall consist of the following described area in Dougherty County:
Commencing at the intersection of the center line of the north
Dougherty County line and Cambridge Road; thence running in a
westerly direction along the north Dougherty County line and south-
erly along the Dougherty County line and easterly along the Dough-
erty County line to the center line of Radium Springs Road (Dixie
Highway); thence running in a northerly direction along the center
line of Radium Springs Road (Dixie Highway) to a point north of the
Seaboard Coastline Railroad track which intersects Radium Springs
Road (Dixie Highway) in Land Lot 247, First Land District; thence
4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
running in a westerly direction to the center line of the Flint River;
thence running in a northerly direction along the center line of the
Flint River to the center line of Twin Flower Road; thence running in
a north westerly direction along the center line of Twin Flower Road
to the center line of Sweetbriar Road; thence running in a southerly
direction along the center line of Sweetbriar Road to the center line of
Lilly Pond Road; thence running in a westerly direction along the
center line of Lilly Pond Road to the center line of Newton Road (S.R.
91); thence running in a north easterly direction along the center line
of Newton Road (S.R. 91) to the center line of Jefferies Avenue;
thence running in an easterly direction along the center line of
Jefferies Avenue to the center line of Martin Luther King Jr., Drive;
thence running in a northerly direction along the center line of Martin
Luther King Jr., Drive to the center line of Holloway Avenue; thence
running in a westerly direction along the center line of Holloway
Avenue to the center line of Monroe Street; thence running in a
northerly direction along the center line of Monroe Street to the
center line of Oglethorpe Boulevard (S.R. 82); thence running in a
westerly direction along the center line of Oglethorpe Boulevard (S.R.
82) to the center line of McKinley Street; thence running in a
southerly direction along the center line of McKinley Street to the
center line of Lincoln Avenue; thence running in a westerly direction
along the center line of Lincoln Avenue to the center line of Slappey
Boulevard; thence running in a southerly direction along the center
line of Slappey Boulevard to the center line of Waddell Avenue;
thence running in a westerly direction along the center line of
Waddell Avenue to the center line of Walnut Street; thence running
in a northerly direction along the center line of Walnut Street to the
center line of Jones Avenue; thence running in a westerly direction
along the center line of Jones Avenue to the center line of Elm Street;
thence running in a northerly direction along the centerline of Elm
Street to the center line of Gordon Avenue; thence running in a
westerly direction along the center line of Gordon Avenue to the
center line of Westover Road; thence running in a northerly direction
along the center line of Westover Road to the center line of the
Central of Georgia Railroad; thence running in a southerly direction
along the center line of the Central of Georgia Railroad to the center
line of the Cooleewahee Creek; thence running in a northerly direc-
tion along the center line of the Cooleewahee Creek to the center line
of the Gillionville Road; thence running in an easterly direction along
the center line of the Gillionville Road to the center line of Weymouth
Road; thence running in a northerly direction along the center line of
Weymouth Road to the center line of East Doublegate Road; thence
GEORGIA LAWS 1983 SESSION
4201
running in a northerly direction along the center line of the East
Doublegate Road to the center line of Old Dawson Road; thence
running in an easterly direction along the center line of Old Dawson
Road to the center line of Northgate Road; thence running in a
northerly direction along the center line of Northgate Road to the
center line of Cambridge Road; thence running in a northerly direc-
tion along the center line of Cambridge Road to the center line of the
Dougherty County line.
COUNTY COMMISSION DISTRICT 6
Shall consist of the following described area in Dougherty County:
Commencing at the intersection of the Dougherty County line where
the Fifteenth Land District intersects with the First Land District;
thence running in a north easterly direction along the center line of
the Dougherty County line; thence south westerly along the Dough-
erty County line; thence easterly along the center line of the Dough-
erty County line; thence southerly along the center line of the
Dougherty County line; thence easterly along the center line of the
Dougherty County line; thence southerly along the center line of the
Dougherty County line; thence westerly along the center line of the
Dougherty County line; thence southerly along the center line of the
Dougherty County line; thence easterly along the center line of the
Dougherty County line; thence southerly along the center line of the
Dougherty County line; thence westerly along the center line of the
Dougherty County line; thence southerly along the center line of the
Dougherty County line, thence westerly along the center line of the
Dougherty County line to the center line of Radium Springs Road
(Dixie Highway); thence running northerly along the center line of
Radium Springs Road (Dixie Highway) to the center line of School
Bus Road; thence running easterly along the center line of School Bus
Road fo the center line of Seaboard Coastline Railroad track; thence
running northerly along the center line of the Seaboard Coastline
Railroad track to the center line of Oglethorpe Boulevard (S.R. 82);
thence running in an easterly direction along the center line of
Oglethorpe Boulevard (S.R. 82) to the center line of Liberty Express-
way; thence running in a northerly direction along the center line of
Liberty Expressway to the center line of Broad Avenue; thence
running in an easterly direction along the center line of Broad Avenue
to the center line of Acorn Street; thence running in a northerly
direction along the center line of Acorn Street to the center line of
Clark Avenue; thence running in an easterly direction along the
center line of Clark Avenue to the center line of Cordele Road (S.R.
4202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
300); thence running in a north easterly direction along the center line
of Cordele Road (S.R. 300) to the center line of McCollum Drive;
thence running northerly along the center line of McCollum Drive to
the center line of the city limits; thence running in a north easterly
direction along the center line of the city limits to the center line of
the Flint River in Land Lot 121 of the First Land District; thence
running in a north easterly direction along the center line of the Flint
River passing through Land Lots 121, 119, 282, and 81 of the First
Land District to the center line of the Dougherty County line where
the Fifteenth Land District and the First Land District intersect.
In the event any portion of Dougherty County is not included in
any of the above-described commissioner districts, then such portion
shall be placed in that commissioner district contiguous to such
portion which has the least population according to the United States
decennial census of 1980 or any future such census.
Unless otherwise specified, all boundary lines are located on the
center lines of the streets.
Section 2. Said Act is further amended by striking Section 2
thereof and inserting in its place a new Section 2 to read as follows:
Section 2. Notwithstanding those changes in descriptions of
commission districts which became effective under Section 1 of this
Act at the same time this section becomes effective, the terms and
elections of the chairman and members of the board of commissioners
of Dougherty County under said Section 1 shall not be changed but
shall remain as follows:
(1) Those commissioners representing Commission Dis-
tricts 1, 3, and 5 under the immediately prior provisions of this
section shall continue to represent those respective districts. They
shall serve out the terms to which elected, which shall expire
December 31, 1984, and until the election and qualification of
their respective successors. Their successors, representing Com-
mission Districts 1,3, and 5, but as newly described in Section 1 of
this Act, shall be elected at the 1984 general election and shall take
office January 1, 1985, for terms of four years and until the
election and qualification of their respective successors.
(2) The chairman and those commissioners representing
Commission Districts 2, 4, and 6 under the immediately prior
GEORGIA LAWS 1983 SESSION
4203
provisions of this section shall continue to serve as chairman and
represent those districts, respectively, but effective January 1,
1985, the three district members shall represent their districts as
newly described in Section 1 of this Act. They shall serve out the
terms to which elected, which shall expire December 31,1986, and
until the election and qualification of their respective successors.
The successor to the chairman and the successors to those mem-
bers representing newly described Commission Districts 2, 4, and
6 under Section 1 of this Act shall be elected at the 1986 general
election and shall take office January 1, 1987, for terms of four
years and until the election and qualification of their respective
successors.
(3) Successors to those persons elected pursuant to para-
graphs (1) and (2) of this section 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 and
until the election and qualification of their respective successors.
(4) From January 1, 1985, until December 31, 1986, the
board of commissioners of Dougherty County shall consist of
those three members elected under paragraph (1) of this section
from newly designated Commission Districts 1, 3, and 5 and the
incumbent chairman and three incumbent members whose terms
expire December 31,1986.
Section 3. Except for the provisions of this Act relating to and
necessary for the election of members of the board of commissioners
of Dougherty County at the 1984 general election, the provisions of
this Act shall become effective January 1,1985. The provisions of this
Act relating to and necessary for the election of said members of the
board of commissioners of Dougherty County at the 1984 general
election shall become effective January 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1983
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 1941, p. 834), as amended, and for other
purposes. The bill specifically provides for the redistricting of the
County Commission districts.
This 30th day of December, 1982.
W. Spencer Lee
Attorney for
Dougherty County
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 is Representative from the 133rd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Albany Herald which is the official
organ of Dougherty County, on the following dates: December 31,
1982, January 7,14,1983.
/s/ Tommy Chambless
Representative,
133rd District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
4205
STATE COURT OF EARLY COUNTY COMPENSATION
OF JUDGE AND OF SOLICITOR, ETC.
No. 359 (House Bill No. 822).
AN ACT
To amend an Act creating the State Court of Early County,
approved August 21,1906 (Ga. L. 1906, p. 161), as amended, particu-
larly by an Act approved August 7,1920 (Ga. L. 1920, p. 316) and an
Act approved April 11,1979 (Ga. L. 1979, p. 3611), so as to authorize
the county governing authority to determine the compensation of the
judge of the state court; to provide limitations; to authorize the
county governing authority to determine the compensation of the
solicitor of the State Court of Early County; to provide for assistant
solicitors; to provide for prior approval by the county governing
authority; to provide for six-person juries in all cases in the State
Court of Early County; to change the provisions relating to peremp-
tory challenges in all civil and crimial cases in the State Court of Early
County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Early County,
approved August 21,1906 (Ga. L. 1906, p. 161), as amended, particu-
larly by an Act approved August 7,1920 (Ga. L. 1920, p. 316) and an
Act approved April 11, 1979 (Ga. L. 1979, p. 3611), is amended by
striking Section 3A in its entirety and inserting in lieu thereof a new
Section 3A to read as follows:
Section 3A. The annual salary of the judge of the State Court of
Early County shall be fixed and determined by the governing author-
ity of Early County. The judges salary may not be reduced during his
term of office and is payable in equal monthly installments from the
funds of Early County.
4206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking from Sec-
tion 4 the following:
The Solicitor of the City Court of Blakely shall receive for
services performed by him in said court the same fees are allowed to
solicitors-general in the superior courts under the laws of this State
for similar services, the same to be paid out of the fines, forfeitures
and costs, and insolvent funds in said court.
Section 3. Said Act is further amended by inserting a new
section immediately following Section 4, to be designated Section 4A,
to read as follows:
Section 4A. (a) The annual salary of the solicitor of the State
Court of Early County shall be fixed and determined by the governing
authority of Early County. The solicitors salary may not be reduced
during his term of office and is payable in equal monthly installments
from the funds of Early County.
(b) The solicitor shall be authorized and empowered to appoint
such assistants as he may deem necessary; provided, however, that
unless prior approval is obtained from the governing authority of
Early County, the compensation of any such assistant solicitor shall
be the responsibility of the solicitor.
Section 4. Said Act is further amended by striking from Sec-
tion 24 the following:
From said panel of jurors so drawn and summoned, a jury of
twelve shall be selected as follows: In all civil cases, the plaintiff and
defendant shall be entitled to six peremptory challenges each, and in
all criminal cases the State shall be entitled to five and the defendant
seven peremptory challenges each.
Section 5. Said Act is further amended by adding a new section
immediately following Section 24, to be designated Section 24A, to
read as follows:
Section 24A. All cases in the State Court of Early County will
be tried before a jury of six persons, with the plaintiff and defendant
in all civil cases each having three peremptory challenges and the
state and the defendant in all criminal cases each having three
peremptory challenges.
GEORGIA LAWS 1983 SESSION
4207
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
1983 Session of the General Assembly of Georgia, a bill to amend an
Act creating the State Court of Early County, approved August 21,
1906 (Ga. Laws 1906, p. 161), as amended, and for other purposes.
This the 27th day of December, 1982.
/s/ Ralph J. Balkcom
Representative,
140th District
/s/ Jimmy Hodge Timmons
Senator,
11th District
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 is Representative from the 140th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Early County News which is the
official organ of Early County, on the following dates: December 30,
1982, January 6,13,1983.
/s/ Ralph J. Balkcom
Representative,
140th District
4208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
CITY OF LOCUST GROVE PROVISIONS REGARDING
OFFICERS DEALING WITH CITY CHANGED.
No. 360 (House Bill No. 834).
AN ACT
To amend an Act creating a new charter for the City of Locust
Grove, approved April 7,1976 (Ga. L. 1976, p. 4426), as amended, so
as to change provisions relating to officers of the city dealing with 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 Locust
Grove, approved April 7,1976 (Ga. L. 1976, p. 4426), as amended, is
amended by adding at the end of subsection (c) of Section 2.16 the
following:
This section shall not apply to sales of personal property or
services of less than $200.00 per calendar quarter or sales of personal
property and contracts for personal services made pursuant to sealed
competitive bids made by any person holding office or employee of
the City of Locust Grove, or agency thereof, either for himself or in
the behalf of any business entity.,
GEORGIA LAWS 1983 SESSION
4209
so that when so amended said subsection (c) of Section 2.16 shall read
as follows:
(c) Dealing with City. No person holding office under this
Charter shall at any time during the term of which he was elected or
appointed, or while in office, be capable of contracting with the City
for the performance of any work or the sale of anything which is to be
paid for out of the treasury, nor shall any such person be capable of
holding or having any interest in such contracts entered into by
himself or another, directly or indirectly. This section shall not apply
to sales of personal property or services of less than $200.00 per
calendar quarter or sales of personal property and contracts for
personal services made pursuant to sealed competitive bids made by
any person holding office or employee of the City of Locust Grove, or
agency thereof, either for himself or in the behalf of any business
entity.
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
1983 Session of the General Assembly of Georgia, a bill to amend an
Act creating a new charter for the City of Locust Grove, approved
April 7, 1976 (Georgia Laws 1976, page 4426), so as to amend said
charter, to repeal conflicting laws and for other purposes.
This 27th day of January, 1983.
A. J. Welch, Jr.
Attorney for the
City of Locust Grove
4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wesley Dunn, who, on oath, deposes
and says that he 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: February 2,9,16,1983.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 25th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
TOWN OF NORWOOD TERMS OF MAYOR AND
COUNCILMEN CHANGED, ETC.
No. 361 (House Bill No. 841).
AN ACT
To amend an Act amending, revising, consolidating, and supersed-
ing the Act incorporating the Town of Norwood, approved August 10,
GEORGIA LAWS 1983 SESSION
4211
1916 (Ga. L. 1916, p. 838), as amended, so as to change the term of the
mayor and councilmen of said town and provide for biennial elections
therefor; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act amending, revising, consolidating, and super-
seding the Act incorporating the Town of Norwood, approved August
10, 1916 (Ga. L. 1916, p. 838), as amended, is amended by striking
from Section 5 thereof the following:
That on the second Monday in November, 1916, and annually
thereafter on the second Monday in November, there shall be held an
election for the election of officers of said town of Norwood, and that
at that time a mayor and five councilmen shall be elected, and the
term of office of said mayor and councilmen shall be for twelve
months, or until their successors are elected and qualified.,
and inserting in its place the following:
That on the second Monday in November, 1983, and biennially
thereafter on the second Monday in November, there shall be held an
election for the election of officers of said Town of Norwood, and that
at that time a mayor and five councilmen shall be elected, and the
term of office of said mayor and councilmen shall be for 24 months, or
until their successors are elected and qualified.
Section 2. Said Act is further amended by striking from Section
7 thereof the following:
who have served for the preceding year,,
and inserting in its place the following:
who have served since the election protested,.
Section 3. Said Act is further amended by striking from Section
9 thereof the following:
That after taking the foregoing oath, the mayor and councilmen
of the town of Norwood shall hold office for a term of twelve months
or until their successors have been elected and qualified,,
4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in its place the following:
That after taking the foregoing oath, the mayor and councilmen
of the Town of Norwood shall hold office for a term of 12 months or
until their successors have been elected and qualified, but the mayor
and councilmen of the Town of Norwood who are elected to such
offices on or after the second Monday in November, 1983, shall hold
office for a term of 24 months or until their successors are elected and
qualified,.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
amending, revising, consolidating, and superseding the Act incorpo-
rating the Town of Norwood, approved August 10,1916 (Ga. L. 1916,
p. 838), as amended; and for other purposes.
This 10th day of January, 1983.
/s/ Ben Ross
Representative,
82nd District
Affidavit.
Georgia, Warren County.
To Whom It May Concern.
This is to certify that the legal notice attached hereto has been
published in the Warrenton Clipper, Warrenton, Ga., legal organ for
Warren County, the following dates, to-wit: January 14, 1983, Janu-
ary 21,1983, January 28,1983.

GEORGIA LAWS 1983 SESSION
4213
Sworn to on the 22nd
day of February, 1983.
/s/ Alva L. Haywood
Publisher
Sworn to and subscribed to before me,
on the 22nd day of February, 1983.
/s/ Rhonda S. Phillips
Notary Public.
My Commission Expires January 26, 1985.
(Seal).
Approved March 16, 1983.
STATE COURT OF GWINNETT COUNTY ADDITIONAL
JUDGE ELECTION, POWERS, DUTIES, ETC.
No. 362 (Senate Bill No. 253).
AN ACT
To amend an Act to continue and re-create the State Court of
Gwinnett County, approved March 23,1977 (Ga. L. 1977, p. 3331), as
amended, particularly by an Act approved February 27,1981 (Ga. L.
1981, p. 3033), so as to provide for an additional judge for the State
Court of Gwinnett County; to provide for the election, powers, duties,
authority, jurisdiction, and compensation of said additional judge; to
provide for the power and authority of the judge senior in length of
service; to repeal conflicting laws; and for other purposes.
4214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to continue and re-create the State Court of
Gwinnett County, approved March 23,1977 (Ga. L. 1977, p. 3331), as
amended, particularly by an Act approved February 27,1981 (Ga. L.
1981, p. 3033), is amended by striking Section 13 of said Act, which
reads as follows:
Section 13. Judge; election; qualifications; prohibition on prac-
tice of law. (a) There shall be a Judge of the State Court of
Gwinnett County who shall be elected by the qualified voters of
Gwinnett County, Georgia, at the same time and under the same rules
and regulations as other county officers are now elected, except that
the judge shall be elected at the general election for State and county
officers to be held in the year 1978, for a term of 4 years beginning
January 1,1979, and at the general election for State and counties to
be held every 4 years thereafter for each succeeding term of 4 years,
and said judge shall hold office until his successor is elected and
qualified.
(b) The judge of said court shall be at least 28 years of age, shall
have practiced law at least 5 years and resided in Gwinnett County for
2 years prior to his taking office. He shall take and subscribe in
substance the oath of office as is prescribed for judges of the superior
courts. He shall be vested with all the power and authority of judges
of the superior courts. He shall be invested with all the power and
authority of judges of the superior courts as to all matters, except as
are exclusively conferred upon the judges of the superior courts by the
Constitution and laws of this State.
(c) The judge shall be paid a salary of $38,000.00 per annum,
payable monthly out of the treasury of Gwinnett County by the
officers of said county authorized to pay out the funds of said county.
The salary of such judge shall be an expense of said court. Said salary
shall be increased by 3 percent on January 1, 1982, and by an
additional 3 percent of the previous years salary on January 1 of each
year thereafter.
(d) During the term for which he is elected, the judge shall not
engage in the active practice of law except as is required by his duties
as judge.,
GEORGIA LAWS 1983 SESSION
4215
in its entirety and inserting in lieu thereof a new Section 13 to read as
follows:
Section 13. Judge; election; qualifications; prohibition on prac-
tice of law. (a) Until January 1, 1985, there shall be one judge of
the State Court of Gwinnett County. Effective January 1,1985, there
shall be two judges of the State Court of Gwinnett County. The
judges shall be elected by the qualified voters of Gwinnett County at
the same time and under the same rules and regulations as other
county officers are elected. The judge who took office on January 1,
1983, shall serve for the remainder of the term of office for which he
was elected, unless otherwise removed from office, and until a succes-
sor is elected and qualified. At the general election for state and
county officers to be held in 1984, the additional judge shall be elected
for a term of four years beginning January 1, 1985, and until a
successor is elected and qualified. Successors to such judges 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.
(b) The judges of said court shall be at least 28 years of age, shall
have practiced law at least five years, and shall have resided in
Gwinnett County for two years prior to taking office. Each judge shall
take and subscribe in substance the oath of office as is prescribed for
judges of the superior courts. They shall be vested with all the power
and authority of judges of the superior courts. They shall be invested
with all the power and authority of judges of the superior courts as to
all matters, except as are exclusively conferred upon the judges of the
superior courts by the Constitution and laws of this state.
(c) Each of the judges shall be paid a salary of $38,000.00 per
annum, payable monthly out of the treasury of Gwinnett County by
the officers of said county authorized to pay out the funds of said
county. The salary of such judges shall be an expense of said court.
Said salary shall be increased by 3 percent on January 1,1982, and by
an additional 3 percent of the previous years salary on January 1 of
each year thereafter.
(d) During the term for which elected, the judges shall not
engage in the active practice of law except as is required by their
duties as judge.
4216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by adding a new
Section 13.1 to read as follows:
Section 13.1. Administration of court; appointments. The
judge of said court, senior in length of continuous service as a state
court judge, shall be responsible for the administration and expedi-
tious disposition of the business of the state court and shall have
power to make such rules as he shall deem necessary or proper for
such purpose but not in conflict with the general laws of this state,
which rules shall be binding upon the other judge or judges of the
state court. He shall be vested with the power to make all appoint-
ments whenever the law provides for the state court judge to make
appointments.
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
1983 Session of the General Assembly of Georgia a bill to comprehen-
sively reorganize the State Court of Gwinnett County and to provide
for the election of State Court Judges and for other purposes.
This 12th day of January, 1983.
Tom Phillips
Senator,
District 9
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Donn M. Peevy, who, on oath, de-
poses and says that he is Senator from the 48th 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
GEORGIA LAWS 1983 SESSION
4217
Gwinnett County, on the following dates: January 19, 26, and
February 2,1983.
/s/ Donn M. Peevy
Senator,
48th District
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 16, 1983.
STATE COURT OF CLAYTON COUNTY
COMPENSATION OF JUDGES, ETC.
No. 365 (House Bill No. 498).
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 April 12,1982 (Ga. L. 1982, p. 4481),
so as to change the provisions relating to the compensation of the
judges and solicitor of said court; to provide for contributions to the
Trial Judges and Solicitors Retirement Fund; to provide an effective
date; to repeal conflicting laws; and for other purposes.
4218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Clayton County,
approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended,
particularly by an Act approved April 12,1982 (Ga. L. 1982, p. 4481),
is amended by striking from Section 3 the following:
$39,863.00,
and inserting in lieu thereof the following:
$41,856.15,
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 $41,856.15 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 adding a new
Section 3A immediately following Section 3 to read as follows:
Section 3A. In addition to the salary provided for the judges of
the State Court of Clayton County in Section 3, the governing
authority of Clayton County shall pay to each judge of the State
Court of Clayton County a sum equal to the contribution required for
judges by Code Section 47-10-61 of the O.C.G.A., relating to employee
contributions under the Trial Judges and Solicitors Retirement
Fund.
Section 3. Said Act is further amended by striking from Section
6 the following:
$15,975.00,
GEORGIA LAWS 1983 SESSION
4219
and inserting in lieu thereof the following:
$16,773.75,
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 $16,773.75 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 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 given that there will be introduced at the regular 1983
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. L. 1964, p. 2032), as amended; and for other purposes.
This ,6th day of January, 1983.
Honorable Jimmy Benefield
Chairman,
Clayton County
Legislative Delegation
4220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy W. Benefield, who, on oath,
deposes and says that he is Representative from the 72nd 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 11,
18,25,1983.
/s/ Jimmy W. Benefield
Representative,
72nd District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
STATE COURT OF BIBB COUNTY WARRANT
OFFICER PROVIDED.
No. 367 (House Bill No. 570).
AN ACT
To amend an Act creating the State Court of Bibb County,
approved August 14,1885 (Ga. L. 1884-85, p. 470), as amended, so as
GEORGIA LAWS 1983 SESSION
4221
to provide for a warrant officer to serve said court and other appropri-
ate courts in Bibb County; to provide for the selection, compensation,
qualifications, and duties of the warrant officer; 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 State Court of Bibb County,
approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, is
amended by adding a new Section 7.1 immediately after Section 7 to
read as follows:
Section 7.1. There shall be a warrant officer of Bibb County who
shall serve the State Court of Bibb County and other appropriate
courts in Bibb County. The powers and duties of the warrant officer
shall consist of the hearing of applications for and the issuance of
arrest warrants. The warrant officer provided herein shall issue peace
warrants, felony warrants, and misdemeanor warrants returnable to
the appropriate court in Bibb County. The warrant officer shall be
appointed by and serve at the pleasure of the judge of the State Court
of Bibb County. The compensation of the warrant officer shall be
fixed by the board of commissioners of Bibb County and paid from
funds of Bibb County. The warrant officer shall be qualified and
trained in legal matters relevant to his duties but shall not be required
to be an attorney.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Legal Notice.
Please take notice that a bill will be introduced in the 1983
General Assembly to amend the Act creating the State Court of Bibb
County, formerly the City Court of Macon, approved August 14,1885
as amended, to provide a new Section 7.1 which will provide for a
warrant officer of the State Court of Bibb County with powers and
duties consistent with the issuance of warrants.
4222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 17th day of January, 1983.
/s/ J. Taylor Phillips
Judge, State Court
of Bibb County
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 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 21, 28, and
February 4,1983.
/s/ Frank C. Pinkston
Representative,
100th District
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
GEORGIA LAWS 1983 SESSION
4223
ACT CREATING STATE COURT OF COBB COUNTY
AMENDED.
No. 368 (House Bill No. 596).
AN ACT
To amend an Act creating the State Court of Cobb County,
approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, particu-
larly by an Act approved March 23,1977 (Ga. L. 1977, p. 3188), an Act
approved April 11, 1979 (Ga. L. 1979, p. 3481), an Act approved
January 19,1981 (Ga. L. 1981, p. 4759), and an Act approved April 6,
1981 (Ga. L. 1981, p. 4196), so as to change the jurisdiction of said
court; to change certain provisions relating to the docket of criminal
cases known as the dead docket; to change the compensation of the
judges and the solicitor of said court; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County,
approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, particu-
larly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), an
Act approved April 11,1979 (Ga. L. 1979, p. 3481), an Act approved
January 19,1981 (Ga. L. 1981, p. 4759), and an Act approved April 6,
1981 (Ga. L. 1981, p. 4196), is amended by striking the first paragraph
of Section 2 of said Act, which reads as follows:
The State Court of Cobb County shall have all the jurisdiction as
to subject matter now exercised by justices of the peace and justice
courts in Georgia throughout Cobb 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 involving
injury to the reputation, concurrent with the superior courts, includ-
ing but not limited to cases of injury to the person, in which cases the
Court shall have civil jurisdiction unlimited in amount, and including
not only 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 jurisdic-
tion is not vested exclusively in other courts by the Constitution of
4224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the State of Georgia, and except extraordinary remedies as are
defined in Chapters 64-101,64-201, and 64-301 of the Code of Georgia
of 1933, and habeas corpus proceedings, and the practice and proce-
dure in cases involving three hundred ($300.00) dollars principal or
less shall be and remain the same as that now in force in the justice
courts of Georgia, except as otherwise herein provided, and the
practice and procedure in cases involving over three hundred
($300.00) dollars shall be and remain the same as that now in force in
the superior courts of Georgia, except as otherwise herein provided.
Any case brought in the State Court of Cobb County over which such
Court has jurisdiction, notwithstanding the provisions of this Section,
may be transferred to the Superior Court of Cobb County when
justice requires and upon motion of either party.,
and inserting in lieu thereof a new paragraph to read as follows:
The State Court of Cobb County shall have all the jurisdiction as
to subject matter now exercised by justices of the peace and justice
courts in Georgia throughout Cobb 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 involving
injury to the reputation, concurrent with the superior courts, includ-
ing but not limited to cases of injury to the person, in which cases the
Court shall have civil jurisdiction unlimited in amount, and including
not only 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 jurisdic-
tion is not vested exclusively in other courts by the Constitution of
the State of Georgia, and except extraordinary remedies as are
defined in Articles 2, 3, and 4 of Chapter 6 of Title 9 of the Official
Code of Georgia Annotated, and habeas corpus proceedings, and the
practice and procedure in cases involving one thousand ($1,000.00)
dollars principal or less shall be and remain the same as that now in
force in the justice courts of Georgia, except as otherwise herein
provided, and the practice and procedure in cases involving over one
thousand ($1,000.00) dollars shall be and remain the same as that now
in force in the superior courts of Georgia, except as otherwise herein
provided. Any case brought in the State Court of Cobb County over
which such Court has jurisdiction, notwithstanding the provisions of
this Section, may be transferred to the Superior Court of Cobb
County when justice requires and upon motion of either party.
GEORGIA LAWS 1983 SESSION
4225
Section 2. Said Act is further amended by striking from Section
3B the following:
Any provision of this section to the contrary notwithstanding,
there is hereby created for the State Court of Cobb County a docket of
criminal cases, to be known as the dead docket, to which cases shall be
transferred at the discretion of the solicitor, and which shall only be
called at his pleasure. When a case is thus transferred, all witnesses
who may have been subpoenaed therein shall be released from further
attendance until resubpoenaed.,
so that when so amended Section 3B shall read as follows:
Section 3B. The judges of the State Court of Cobb County, in
transacting the business of said Court and in performing their duties
and responsibilities, shall share, divide and allocate the work and
duties to be performed by each judge. In the event of disagreement
between said judges, the decision of a majority of the judges shall be
controlling. The judges of the State Court of Cobb County shall have,
and they are hereby clothed with, full powers, authority and discre-
tion to determine, from time to time and term to term, the manner of
calling the dockets and of fixing the calendars and order of business in
said Court. They may assign the hearing of trials by jury for a term to
one of said judges, and the hearing of all other matters not requiring a
trial by a jury to any other judge, and they may rotate such order of
business at the next term. Each of said judges may conduct trials by
jury at the same time, or any of them may hear business in chambers
and motions at the same time within said Court. They may provide,
in all respects, for holding the State Court so as to facilitate the
hearing and determination of all business of said Court pending at
any time and ready for trial or hearing. In all such matters relating to
the manner of fixing, arranging for and disposing of the business of
said Court, and making appointments as authorized by law where the
judges of said Court cannot agree, the opinion of the majority of such
judges shall control.
Section 3. Said Act is further amended by striking from Section
23 the following:
The salary of the judges of the State Court of Cobb County shall
be $38,709.00 per annum; provided, however, such salary shall be
increased by 8 percent to $41,806.00 per annum, effective January 1,
1982.,
4226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof the following:
The salary of the judges of the State Court of Cobb County shall
be $44,315.00 per annum.
Section 4. Said Act is further amended by striking paragraph (1)
of subsection (b) of Section 27 which reads as follows:
(1) The compensation of the solicitor shall be $30,100.00 per
annum, payable in equal monthly installments from the funds of
Cobb County. Said compensation shall be increased by 8 percent
effective January 1,1982.,
and inserting in lieu thereof a new paragraph (1) to read as follows:
(1) The compensation of the solicitor shall be $32,508.00 per
annum; provided, however, such salary shall be increased to
$41,806.00 per annum, effective April 1, 1983. Said compensation
shall be payable in equal monthly installments from the funds of
Cobb County.
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
1983 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. 1982.
GEORGIA LAWS 1983 SESSION
4227
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 is Representative from the 20th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Marietta Daily Journal which is the
official organ of Cobb County, on the following dates: January 7,14,
21,1983.
/s/ Steve Thompson
Representative,
20th District
Sworn to and subscribed before me,
this 9th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
4228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FULTON COUNTY COUNTY-WIDE LIBRARY SYSTEM
ACT AMENDED.
No. 369 (House Bill No. 658).
AN ACT
To amend an Act providing for the establishment of a county-wide
library system in Fulton County, approved April 12, 1982 (Ga. L.
1982, p. 4174), so as to authorize the City of Atlanta to create a special
district within that portion of said city lying within DeKalb County
for the provision of library services therein pursuant to a contract
with certain other local governments; to provide for the authority of
the library board of trustees; to provide for a director and deputy
director of library services to be appointed by the board of trustees; to
provide for other personnel; to provide for funding the county-wide
library system and for procedures and requirements relative thereto;
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 for the establishment of a county-
wide library system in Fulton County, approved April 12, 1982
(Ga. L. 1982, p. 4174), is amended by adding at the end of Section 1 a
new subsection (h) to read as follows:
(h) Notwithstanding any other provisions of this Act, pursuant
to a contract with either Fulton County or DeKalb County for the
provision of public library services and facilities within that portion
of the City of Atlanta lying within DeKalb County, the City of Atlanta
may create within that portion of the City of Atlanta lying within
DeKalb County a special district for the provision of library services
and levy and collect within such special district fees, assessments, and
taxes to pay the cost of such services. The levy of an ad valorem tax
GEORGIA LAWS 1983 SESSION
4229
by the city for such purposes shall equal the ad valorem tax millage
rate set by Fulton County to support the county-wide library system
provided for by this Act. The levy of such ad valorem tax by the city
within the special district shall not constitute a violation of the
contract provided for in subsection (g) of this section.
Section 2. Said Act is further amended by adding at the end of
Section 4 a new subsection (c) to read as follows:
(c) The library board of trustees provided for in this section
shall have general supervision of the county-wide library system
provided for in this Act and shall have power to make reasonable rules
and regulations for the operation of the county-wide library system.
Said board of trustees may establish branches and stations wherever
deemed advisable and may carry on other forms of library extension
service. Said board of trustees shall create the office of director and
deputy director of library services and fix the terms of office and
compensation of said officers, and said offices shall be filled by
persons with professional library training and experience who shall be
appointed by the board of trustees. Notwithstanding the provisions
of Section 2 of this Act, the director and deputy director of library
services shall not be subject to the civil service laws and regulations of
Fulton County. Other employees of the library board of trustees shall
be subject to the civil service laws and regulations of Fulton County as
provided in Section 2 of this Act, but such employees shall be subject
to the supervision and control of the library board of trustees. The
county-wide library system and the board of trustees shall be subject
to the budgetary laws and purchasing procedures and requirements of
Fulton County in the same manner as other departments of the
Fulton County government, and said county-wide library system
shall be funded by appropriations made to the library board of
trustees by the county in accordance with the budgetary laws and
purchasing procedures and requirements of Fulton County. In
addition thereto, the board of trustees may also receive funds to
support financially the county-wide library system pursuant to a
contract entered into under the provisions of subsection (h) of
Section 1 of this Act. The board of trustees may also accept grants,
bequests, or donations from any source to carry out the purposes and
functions of the county-wide library system. The board of trustees
may contract within the limits of funds made available to the board,
provided that any such contract shall be made in accordance with the
purchasing and contracting laws and regulations of Fulton County.
4230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. This Act shall become effective on July 1,1983.
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
1983 Session of the General Assembly of Georgia, a bill to amend an
Act providing for the establishment of a County-wide library system
in Fulton County, approved April 12,1982 (Ga. L. 1982, p. 4174), and
for other purposes.
This 21st day of December, 1982.
John Tye Ferguson
Associate County Attorney,
Fulton County
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
23rd, 30th days of December, 1982, and on the 6th days of January,
1983. As provided by law.
/s/ Frances K. Beck
GEORGIA LAWS 1983 SESSION
4231
Subscribed and sworn to before me,
this 11th day of January, 1983.
/s/ April M. Elmore
Notary Public, Georgia State at Large.
My Commission Expires February 17, 1986.
(Seal).
Approved March 18, 1983.
METHOD OF COMPENSATING THE PROBATE JUDGE
OF CLAY COUNTY CHANGED DISPOSITION OF
FEES, COSTS, ETC.
No. 370 (House Bill No. 719).
AN ACT
To abolish the present mode of compensating the judge of the
Probate Court of Clay County, known as the fee system; to provide in
lieu thereof an annual salary for said officer; to provide that all fees,
costs, or other emoluments of said officer shall become the property of
the county; to provide for an exception; to provide for the collection of
all such fees, costs, and emoluments; to provide for periodic state-
ments; to provide for the payment of the operating expenses of said
office; to provide for the employment of deputies, clerks, assistants,
and other personnel by said officer; to provide for the compensation
of such deputies, clerks, assistants, and other personnel; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the
Probate Court of Clay County, known as the fee system, is abolished
and, in lieu thereof, an annual salary for such officer is prescribed as
provided in this Act.
4232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The annual salary of the judge of the Probate Court of
Clay County shall be fixed and determined by the governing author-
ity of Clay County. The annual salary of the judge of the probate
court shall not be less than the minimum salary prescribed by general
law nor more than 150 percent of the minimum salary prescribed by
general law. The annual salary of the judge of the probate court shall
be payable in equal monthly installments from county funds. The
annual salary shall be the sole compensation for services of the judge
of the probate court in any capacity except those services for copies or
searches by local custodians of vital records as provided in Code
Section 31-10-27 of the O.C.G.A.
Section 3. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for services in any capacity except as provided in Section 2
of this Act and shall receive and hold the same in trust for said county
as public moneys and shall pay the same into the county treasury on
or before the fifteenth day of each month next following the month in
which they were collected or received. At the time of each such
monthly payment into the county treasury, the judge of the probate
court shall furnish the governing authority of the county a detailed,
itemized statement, under oath, of all such funds received during the
preceding month by such officer and paid into the county treasury.
The statement shall show the respective amounts of money collected
and the source thereof.
Section 4. The judge of the probate court shall have the
authority to employ deputies, clerks, assistants, and other personnel
deemed necessary to discharge efficiently and effectively the official
duties of the office. The judge of the probate court shall, from time to
time, recommend to the governing authority of said county the
number of such personnel needed by the office, together with the
suggested compensation to be paid each employee. However, it shall
be within the sole discretion of the governing authority of said county
to fix the number of such other employees and their compensation. It
shall be within the sole power and authority of the judge of the
probate court, during the term of office to which elected, to designate
and name the person or persons who shall be employed as such
deputies, clerks, assistants, or other employees; to prescribe their
duties and assignments; and to remove or replace any of such employ-
ees at will and within his sole discretion.
GEORGIA LAWS 1983 SESSION
4233
Section 5. The necessary operating expenses of the office of the
judge of the probate court, expressly including the compensation of
the personnel in the office of the judge of the probate court, shall be
paid from any funds of the county available for such purpose. All
supplies, materials, furnishings, furniture, and utilities 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 Clay County.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill concerning the
compensation of the offices of Probate Judge, Clerk of Superior
Court, Tax Commissioner and Sheriff of the County of Clay, and for
other purposes.
This 14th day of January, 1983.
Gerald Isler, Chairman
Clay 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 is Representative from the 131st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
4234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion was published in the Cuthbert Times and News Record which is
the official organ of Clay County, on the following dates: January 20,
27, and February 3,1983.
/s/ Bob Hanner
Representative,
131st District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
ACT CREATING SMALL CLAIMS COURT OF
DOUGHERTY COUNTY AMENDED.
No. 371 (House Bill No. 779).
AN ACT
To amend an Act creating the Small Claims Court of Dougherty
County, approved March 24,1976 (Ga. L. 1976, p. 3164), as amended,
so as to comply with Article VI of the Constitution of the State of
Georgia; to provide for the appointment, terms, qualifications, and
compensation of a chief magistrate and magistrates; to provide for the
filling of vacancies in the office of chief magistrate and magistrate; to
provide that the sheriff of Dougherty County shall be constable of the
magistrate court; to provide that the clerk of the Superior Court of
GEORGIA LAWS 1983 SESSION
4235
Dougherty County shall be clerk of the magistrate court; to provide
for recordkeeping, costs, and fees of the magistrate court; to provide
for other matters relative to the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Small Claims Court of Dough-
erty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as
amended, is amended by striking Sections 1 through 24 of said Act
and inserting in their place the following:
Section 1. The Small Claims Court of Dougherty County exist-
ing on June 30, 1983, shall be continued after such date as the
Magistrate Court of Dougherty County, pursuant to Article 1 of
Chapter 10 of Title 15 of the O.C.G.A.
Section 2. The term of office of any person serving as judge of
the Small Claims Court of Dougherty County immediately prior to
July 1,1983, shall expire upon that date. On and after July 1,1983,
there shall be three part-time magistrates to serve as judges of the
Magistrate Court of Dougherty County. These magistrates shall be
appointed by the chief judge of the State Court of Dougherty County,
who shall designate one of them to be chief magistrate.
Section 3. Magistrates first appointed under Section 2 of this
Act shall take office July 1,1983, for an initial term which shall expire
December 31, 1984, and upon the appointment and qualification of
their respective successors. Thereafter magistrates shall be
appointed to take office on January 1 for a term of two years and until
their respective successors are appointed and qualified.
Section 4. Vacancies in the office of magistrate shall be filled by
appointment by the chief judge of the State Court of Dougherty
County. Such appointments shall be for the remainder of the unex-
pired term of office and until the appointment and qualification of a
successor.
Section 5. The compensation of magistrates shall be determined
by resolution of the county governing authority. Such compensation
shall not be decreased during a magistrates term of office.

4236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. In addition to other requirements of law, a magistrate
shall have been an active member of the State Bar of Georgia for three
years at the time of his appointment.
Section 7. The clerk of the Superior Court of Dougherty County
shall be clerk of the Magistrate Court of Dougherty County.
Section 8. An accurate record of all costs, fees, forfeitures, and
charges in the magistrate court shall be kept by the clerk of the court,
and all costs, fees, and charges of every kind collected by any of the
officers of the court shall be immediately turned over to the clerk of
the court and entered at once by the clerk on his records. On or before
the tenth day of each month, it shall be the duty of the clerk to furnish
the county governing authority a complete, accurate, and sworn
statement of all such costs, charges, fees, and collections and to pay
over all of the moneys collected to which the county is entitled to the
treasury of Dougherty County. Such moneys received from the clerk
of court shall be held to the credit of the county and paid out on
warrant of the county governing authority.
Section 9. A docket for the magistrate court shall be maintained
in which every proceeding and ruling had in each case shall be
indicated.
Section 10. Law library fees may be charged at the time of filing
a case or at the time of assessing costs, according to such procedure
and amounts as may be fixed by order of the chief judge of superior
courts for the Dougherty Judicial Circuit.
Section 11. The deposit of filing fees shall be established by
court rule consistent with general law.
Section 12. The sheriff of Dougherty County or his lawful depu-
ties shall act as bailiff and constable for the Magistrate Court of
Dougherty County. Such officers shall be subject to rule in said court
as sheriffs are subject to rule in the superior courts. Such officers
shall, in addition to the powers conferred on them as sheriffs, have
any and all powers and duties provided by law for constables in
magistrate courts of this state.
Section 2. This Act shall become effective on July 1,1983, upon
the condition that House Bill 121 of the 1983 regular session of the
General Assembly is passed into law. If House Bill 121 is not enacted
into law on or before July 1,1983, this Act shall be null and void.
GEORGIA LAWS 1983 SESSION
4237
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
1983 Session of the Georgia General Assembly a bill to amend an Act
establishing a Small Claims Court in and for Dougherty County,
approved March 24,1976, (Ga. L. 1976, p. 3164), as amended; and for
other purposes.
Tommy Chambless
Representative,
133rd District
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 is Representative from the 133rd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Albany Herald which is the official
organ of Dougherty County, on the following dates: February 3,10,17,
1983.
/s/ Tommy Chambless
Representative,
133rd District
4238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
ACT CREATING STATE COURT OF DOUGHERTY
COUNTY AMENDED.
No. 372 (House Bill No. 780).
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, so as to provide for the
continuation of the court; to provide for a full-time judge; to provide
the compensation, term, and duties of the judge; to provide for a
selection of a judge pro hac vice; to provide for a clerk, solicitor,
bailiff, and constable for the court and the duties of such officers; to
provide for jury selection and procedure; to provide for costs and fees;
to provide for court terms; 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 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, is amended by
striking Sections 2 through 30 of said Act and inserting in their place
the following:
GEORGIA LAWS 1983 SESSION
4239
Section 2. The State Court of Dougherty County, formerly
known as the City Court of Albany, is continued as the State Court of
Dougherty County on and after July 1,1983.
Section 3. There shall be one judge of the State Court of Dough-
erty County, such position to be a full-time judgeship. The judge in
office on June 30,1983, shall serve out his term of office which shall
expire on January 1,1985, and upon the election and qualification of a
successor. That successor and all subsequent successors to the office
of judge shall be elected at the general election immediately preced-
ing the expiration of the term of the incumbent and shall take office
on January 1 immediately following such election for the term
provided by law and until the election and qualification of a succes-
sor.
Section 4. The judge of the state court shall receive an annual
salary in the amount of $40,000.00. The governing authority of the
county is authorized to supplement the salary thus fixed. Such salary
and supplement shall be paid in equal monthly installments from the
funds of Dougherty County.
Section 5. It shall be the duty of the judge of the state court to
see that the officers of the court are diligent in the collection of costs,
and to this end he shall call the issue docket of the court on some fixed
day in each month and shall adopt such measures and rules as will
ensure the payment of costs by the party or parties liable for the
same.
Section 6. It shall be the duty of the judge of the state court to
have his office open during the usual business hours for five days of
each week.
Section 7. In the event the judge of the state court is unable or
disqualified to preside in the court, then a judge pro hac vice may be
selected by the parties to any cause pending in the court in the same
manner as the parties might select a judge pro hac vice in the superior
court. In the event the parties fail to select by agreement a judge pro
hac vice, then the clerk of the State Court of Dougherty County, or in
his absence the deputy clerk, shall select a judge pro hac vice in the
same manner as provided by law for such cases in the superior courts.
Section 8. The district attorney for the Dougherty Judicial
Circuit shall serve as solicitor for the State Court of Dougherty
4240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County. Assistant district attorneys of such circuit shall serve as
assistant solicitors of the court. The district attorney may assign one
or more assistant district attorneys to serve in his place as solicitor.
Section 9. The clerk of the Superior Court of Dougherty County
shall ex officio be clerk of the State Court of Dougherty County. In
addition to his authority to appoint deputy clerks of the Superior
Court of Dougherty County who would also be ex officio deputy clerks
of the State Court of Dougherty County, he may appoint special
deputy clerks whose authority as such shall be limited to performing
the duties and exercising the powers of deputy clerks of the State
Court of Dougherty County. The clerk of the State Court of Dough-
erty County and each of his deputy clerks shall make a bond with
good security in the amount of $5,000.00 for the faithful discharge of
their duties, which bonds shall be approved and recorded in the same
manner as bonds of clerks of the superior courts are approved and
recorded. Such deputy clerks shall hold office at the will of the clerk
of the Superior Court of Dougherty County. The clerk and his
deputies shall be subject to rule by the State Court of Dougherty
County in the same manner as clerks are subject to rule in the
superior court. The appointment of such deputy clerk or clerks shall
be recorded in the office of the judge of the Probate Court of
Dougherty County and such deputy clerk or clerks, before entering
upon the discharge of their duties, shall take before the judge of the
probate court the same oath as is required of clerks of the superior
courts and such oath shall likewise be recorded. The judge of the
State Court of Dougherty County shall be ex officio clerk of the court
and may perform all of the duties of clerk of the court. Whenever in
this Act the clerk of the State Court of Dougherty County is autho-
rized or required to perform any act or to do any thing, the clerk of the
State Court of Dougherty County or his deputy or the judge of the
court acting as ex officio clerk of the court shall be authorized to
perform the functions of clerk. One deputy clerk, to be designated by
the clerk and approved by the judge, shall perform all such secretarial
duties as may be required by the judge.
Section 10. It shall be the duty of the clerk of the state court to
keep all dockets, books, and records required of the 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 as required specifically
by this Act and by the laws of this state; to have a seal for the court; to
issue, sign, and attach seals thereto when necessary, every order, rule,
summons, subpoena, writ, execution, process, or court paper under
GEORGIA LAWS 1983 SESSION
4241
the authority of the court except criminal warrants; to attend all
sessions of the court as required by the judge thereof, and generally to
do and perform all duties as clerk of said court which clerks of the
superior courts do, insofar as applicable to the State Court of Dough-
erty County or as required in this Act.
Section 11. The clerk of the State Court of Dougherty County
shall receive such salary as may be determined by the county govern-
ing authority.
Section 12. An accurate record of all costs, fees, forfeitures, and
charges in the state court shall be kept by the clerk of the court, and
all costs, fees, and charges of every kind collected by any of the
officers of the court shall be immediately turned over to the clerk of
the 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 county governing authority 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 treasury
of Dougherty County. Such moneys received from the clerk of court
shall be held to the credit of the county and paid out on warrant of the
county governing authority.
Section 13. The sheriff of Dougherty County or his lawful depu-
ties shall act as bailiff and constable in and for the state court and
they shall do and perform all duties incident to the offices of bailiff
and constable. Before entering upon the duties of their offices, each
shall take and subscribe an oath to perform faithfully and diligently
the duties thereof, and each shall have executed a bond in a sum not
less than $1,000.00 for the faithful discharge of the duties of office as
required under Code Section 36-8-3 of the O.C.G.A. and upon which
they shall be liable for the discharge of their duties as bailiffs and
constables of the State Court of Dougherty County. Such officers
shall be subject to rule in the court as sheriffs are subject to rule in the
superior courts. Such officers shall, in addition to the powers
conferred on them as sheriffs, have any and all powers and duties
provided by law for constables in magistrate courts in this state.
Section 14. (a) Except as provided in subsection (b) of this
section, juries for the trial of civil and criminal cases by the state court
shall be composed of six jurors. Except as otherwise provided in this
section, the procedures for the summoning, drawing, impaneling, and
selection of jurors for the trial of cases shall be the same as is provided
4242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for the superior courts. The judge of the state court at each term shall
have made up from the petit jurors two panels of six jurors each which
shall be known and distinguished as panels number 1 and number
2. The prosecuting attorney and the accused or the plaintiff and
defendant may select either panel of the petit jury. If they shall not
agree upon a panel, the clerk shall furnish the parties or their
attorneys a list of both panels from which the parties or their
attorneys may strike alternately until there shall be but six left which
shall constitute the jury to try the case. In all civil cases the plaintiff
shall have the first strike and in all criminal cases the state shall have
the first strike.
(b) In civil cases in which the amount in controversy is
$10,000.00 or greater, either the plaintiff or defendant may demand in
writing prior to the commencement of the trial term that the case be
tried by a jury of 12. If such a demand is made, the judge shall make
up from the petit jurors two panels of 12 jurors each which shall be
known and distinguished as panels number 1 and number 2. The
plaintiff and defendant may select either panel of the petit jury. If
they shall not agree upon a panel, the clerk shall furnish the parties or
their attorneys with a list of both panels from which the parties or
their attorneys may strike alternately until there shall be but 12 left
which shall constitute the jury to try the case. The plaintiff shall have
the first strike.
Section 15. The cost and fees charged in the State Court of
Dougherty County shall be a flat amount of $17.50 which shall be the
total cost of the case and which shall not be refunded. Such fee shall
also be charged in garnishment proceedings.
Section 16. Each party filing a civil action in the state court shall
deposit with the clerk of the court at the time of the filing or
commencement of said proceeding the sum of $17.50 as provided in
Section 15; provided, however, such deposit shall not be required of
any person who shall subscribe an affidavit to the effect that because
of his indigence he is unable to pay the same. If the party making
such deposit shall finally prevail in the civil action, the amount of the
deposit shall be taxed as part of the costs against the losing party
defendant and shall be refunded to the party depositing the same
after all costs have been paid.
Section 17. Law library fees may be charged at the time of filing
a case or at the time of assessing costs, according to such procedure
GEORGIA LAWS 1983 SESSION
4243
and amounts as may be fixed by order of the chief judge of superior
courts for the Dougherty Judicial Circuit.
Section 18. The terms of the state court shall commence on the
first Monday of each month. The judge shall have power to hold court
in session from day to day, and to recess the same from time to time,
provided that each term of the court shall be finally adjourned
simultaneously with the commencement of the succeeding term.
Section 19. The state court shall be held at the courthouse of
Dougherty County or at such other adequate and convenient place as
the county governing authority may provide. The county governing
authority shall provide the necessary office, furniture, supplies,
forms, and books for keeping the dockets and records of the court.
Both the judge and the clerk of the court are charged with the duty
and responsibility of keeping adequate and complete dockets and
records, which shall at all times be kept current.
Section 2. This Act shall become effective July 1, 1983, upon
the condition that House Bill 145 of the 1983 regular session of the
General Assembly is passed into law. If House Bill 145 is not enacted
into law on or before July 1,1983, this Act shall be null and void.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating the State Court of Dougherty County, formerly known as the
City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p.
408), as amended, particularly by an Act approved February 25,1962
(Ga. L. 1962, p. 3562), and for other purposes.
This 25th day of January, 1983.
4244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tommy Chambless
Representative,
133rd District
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 is Representative from the 133rd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Albany Herald which is the official
organ of Dougherty County, on the following dates: January 27,
February 3,10,1983.
/s/ Tommy Chambless
Representative,
133rd District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
GEORGIA LAWS 1983 SESSION
4245
COBB COUNTY BOARD OF COMMISSIONERS
AUTHORIZED TO DELAY SALARY INCREASES.
No. 373 (House Bill No. 843).
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 authorize the board to delay until October 1,1983,
the effective date of any salary increase provided for by an Act of the
1983 General Assembly which is to be paid from county funds; to
provide for all related matters; to provide an effective date and a date
of repealer; 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 adding a new Section 9.1 to read as follows:
Section 9.1. Notwithstanding any contrary provision contained
in any local Act enacted by the 1983 General Assembly, the board of
commissioners of Cobb County may delay until October 1,1983, the
effective date of any increase in any salary or salary supplement paid
from funds of Cobb County pursuant to local legislation enacted at
the 1983 session of the Georgia General Assembly. The decision as to
whether to so delay the effective date of any salary increase or
supplement increase shall be within the sole discretion of the board of
commissioners of Cobb County.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval and shall
be repealed effective January 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
4246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular
1983 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. 1954, Ex. Sess., p. 2075) and
for other purposes.
This 31st day of Dec. 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 is Representative from the 20st 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,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
GEORGIA LAWS 1983 SESSION
4247
Sworn to and subscribed before me,
this 25th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
CITY OF STATESBORO RECORDERS COURT ^
MAXIMUM AMOUNT OF FINES AUTHORIZED.
No. 374 (House Bill No. 838).
AN ACT
To amend an Act creating a new charter for the City of Statesboro,
approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended,
particularly by an Act approved February 20,1953 (Ga. L. 1953, Jan.-
Feb. Sess., p. 2466), so as to change the maximum amount of fines
which may be imposed by 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 a new charter for the City of
Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as
amended, particularly by an Act approved February 20,1953 (Ga. L.
1953, Jan.-Feb. Sess., p. 2466), is amended by striking from Section 30
the following:
4248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
two hundred ($200.00) dollars,
and inserting in lieu thereof the following:
one thousand ($1,000.00) dollars,
so that when so amended said Section 30 shall read as follows:
Section 30. There is hereby established a recorders court for
said city which shall be presided over by a recorder and which shall
have jurisdiction of offenses against the laws and ordinances of said
city. The recorder shall be compensated by the mayor and city
council in an amount not to exceed six hundred ($600.00) dollars per
annum to be paid in equal monthly installments. Said court shall have
the power to preserve order; to compel the attendance of witnesses; to
compel the production of books and papers to be used as evidence; to
punish for contempt; to punish witnesses for non-attendance, and to
punish all persons who shall counsel, advise, aid, encourage or intimi-
date a witness whose testimony is material or desired before said
court. Said court shall have the power to enforce its judgment by
inflicting such penalties as may be provided by the ordinances of said
city. The punishment for any violation of a city law or ordinance, not
otherwise provided in this Act, or by ordinance, and the punishment
for contempt, shall be a fine not exceeding one thousand ($1,000.00)
dollars, imprisonment in the city guardhouse or in the county jail by
permission of the county authorities, for a period not exceeding
ninety days, work on the street, or such other places where the
offender may be lawfully placed at work under the provisions of this
charter for a period not exceeding ninety days, one or more, or all of
these punishments at the discretion of the court. A review of a
decision of said court shall be by certiorari to the Superior Court of
Bulloch County as provided by law for certiorari and other cases.
The chief of police is designated as clerk of said court, who shall
attend all sessions and keep such records and documents for the use
of said court as shall be required of him, and to keep and preserve
order, to issue summons and subpoenas, and to do all and other things
necessary or required by the recorder of said court. In the event of the
absence or illness of the chief of police, then the acting chief of police
is designated as clerk of said court during the absence of the chief of
police. Said court shall begin to function upon the completion of the
legal requirements setting up said court.
GEORGIA LAWS 1983 SESSION
4249
The Mayor and Council of the City of Statesboro shall elect a
recorder, as soon as this amendment to the city charter is made a law,
to serve during the fiscal years of 1953 and 1954, and thereafter said
recorder shall be elected for a period of one year, at the first meeting
of the mayor and city council for the fiscal years after which said
recorders term has expired. Said recorder shall be a citizen of
Statesboro who has resided in said city for two years prior to his
election, and shall be at least twenty-one years of age, and a practicing
attorney who shall have practiced law for two years before his
election. Said recorder shall be subject to removal at any time by a
vote of the majority of the mayor and city council. Before removal,
however, written charges must be preferred against him, setting out in
detail the nature of the charges against him, which charges must be
signed by one or more of the mayor and council. The recorder must be
furnished with a copy of such charges and of the time when same will
be heard, which must not be less than five days after a copy of such
charges has been furnished him. Such hearing shall be public and the
recorder shall have the right to be present thereat, and to call the
witnesses he may desire in his own defense, but the action of the
mayor and council in removing or in refusing to remove the recorder
after such hearing or after he is given the opportunity to be heard
shall be final, and there shall be no appeal from the action of the
mayor and council. The city attorney may also be appointed recorder.
In case of disqualification, illness, absence from the city or vacancy in
the office of the recorder, the mayor or any one of the councilmen may
act as recorder and have all the power and authority of recorder while
acting as such.
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 a bill will be introduced in the
February, 1983 Session of the General Assembly of Georgia to amend
the charter of the City of Statesboro (Ga. Laws 1912, page 1331,
Section 30; Ga. Laws 1947, page 201, Section 4; and Ga. Laws 1953,
page 2466, Section 1) so as to increase the maximum fine for violation
4250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of ordinances of the City of Statesboro from two hundred dollars, to
one thousand dollars, and said imprisonment or period of labor shall
not exceed ninety days.
Robert Emory Lane
Representative,
111 District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bob Lane, who, on oath, deposes and
says that he is Representative from the 111th 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: February 5,12,18,1983.
/s/ Bob Lane
Representative,
111th District
Sworn to and subscribed before me,
this 25th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
GEORGIA LAWS 1983 SESSION
4251
BIBB COUNTY BOARD OF PUBLIC EDUCATION
AND ORPHANAGE COMPOSITION OF EDUCATION
DISTRICTS CHANGED REFERENDUM.
No. 375 (House Bill No. 825).
AN ACT
To amend an Act establishing the Board of Public Education and
Orphanage for Bibb County, Georgia, 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.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the Board of Public Education
and Orphanage for Bibb County, Georgia, 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 in its entirety Section 2E and substituting in lieu thereof a
new Section 2E to read as follows:
Section 2E. For the purpose of electing members of the board,
the Bibb County School District shall be divided into the following
Education Districts:
Education District No. 1
Bibb County
Tract 110
Blocks 107 through 114
Tracts 111 through 113
Tracts 117.01 and 117.02
Tracts 133.01 and 133.02
Education District No. 2
Bibb County
Tract 101
Tract 102
4252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Block Groups 1 and 2
Blocks 311 through 313
Block Group 4
Tract 103
Tract 104
Block Group 1
Blocks 201 and 202
Blocks 316 through 325
Tracts 105 through 109
Tracts 114 and 115
That part of Tract 116 within the City of
Macon
Tract 127
Block Group 3
Education District No. 3
Bibb County
That part of Tract 116 outside the City of
Macon
Tract 127
Block Groups 1 and 2
Tracts 128 through 130
Tract 131.01
Tracts 135.01 and 135.02 ;
Education District No. 4
Bibb County
Tract 126
Blocks 219 through 225
Block Groups 3 and 4
Blocks 903 and 904
Tract 131.02
Tracts 132.01 and 132.02
Tract 134.02
Blocks 210 through 214, 224 through 225, and
228 through 252
Tracts 136.01 and 136.02
GEORGIA LAWS 1983 SESSION
4253
Education District No. 5
Bibb County
Tract 102
Blocks 301 through 310
Tract 104
Blocks 203 through 224
Blocks 301 through 315 and 326 through 328
Block Groups 4, 5, and 6
Tract 118
Blocks 203 through 216
Blocks 301 through 308
Tracts 122 through 125
Tract 126
Block Group 1
Blocks 205 through 214 and 227 through 229
Block Group 5
Block 901
Education District No. 6
Bibb County
Tract 110
Blocks 101 through 106
Block Groups 2, 3, 4, and 9
Tract 118
Block Group 1
Blocks 201 and 202
Blocks 309 through 316
Block Group 4
Tracts 119 through 121
Tract 134.01
Tract 134.02
Block Group 1
Blocks 201 through 209, 215 through 223, and
226 through 227
Block Group 3
Block Group 9
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
4254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
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, 1983, regular election for the City of Macon,
Georgia, 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, 1983, regular election for the
City of Macon. The superintendent shall cause the date and purpose
of the election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Bibb County. The
ballot shall have written or printed thereon the words:
( ) YES Shall the Act providing for adjust-
( ) NO ments of the boundaries of the districts
for the election of members of the
Board of Public Education and Or-
phanage for Bibb County to reflect
population changes reported in the
1980 census 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 Section 1 of this Act shall become
effective January 1, 1985, except that the provisions which are
GEORGIA LAWS 1983 SESSION
4255
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 1,1983, 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.
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 4th day of January, 1983.
W. Warren Plowden, Jr.
Attorney for Board of
Public Education and
Orphanage for Bibb County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William C. Randall, who, on oath,
deposes and says that he 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
4256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
organ of Bibb County, on the following dates: January 14,21,28,1983.
/s/ William C. Randall
Representative,
101st District
Sworn to and subscribed before me,
this 23rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
BOARD OF COMMISSIONERS OF EARLY COUNTY
TERMS OF MEMBERS, COMMISSIONER DISTRICTS,
ETC.
No. 376 (House Bill No. 821).
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,
particularly by an Act approved February 13, 1939 (Ga. L. 1939, p.
561), an Act approved March 5, 1968 (Ga. L. 1968, p. 2110), an Act
approved January 27, 1978 (Ga. L. 1978, p. 3019), and an Act
approved April 12,1982 (Ga. L. 1982, p. 3846), so as to provide that
the members of the board of commissioners shall be elected for a term
of four years; to change the provisions relating to the commissioner
districts in said county; to change the provisions relating to the time
GEORGIA LAWS 1983 SESSION
4257
and place of holding regular and special meetings of the board; to
change the provisions relating to compensation of county commis-
sioners; to authorize disposal of personal property at public or private
sales under certain terms and conditions; to repeal an Act staggering
the terms of office of the members of the board of commissioners,
approved January 27,1978 (Ga. L. 1978, p. 3019); to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section H An Act creating the Board of Commissioners of
Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as
amended, particularly by an Act approved February 13,1939 (Ga. L.
1939, p. 561), an Act approved March 5,1968 (Ga. L. 1968, p. 2110),
an Act approved January 27,1978 (Ga. L. 1978, p. 3019), and an Act
approved April 12,1982 (Ga. L. 1982, p. 3846), is amended by adding
at the end of Section 2 the following:
The members of the board of commissioners shall be elected for a
term of four years, and until their successors are elected and quali-
fied.
Section 2. Said Act is further amended by striking Section 3 in
its entirety and inserting in lieu thereof a new Section 3 to read as
follows:
Section 3. (a) Effective January 1, 1984, for the purpose of
electing members of the board of commissioners, Early County is
divided into four commissioner districts as follows:
Commissioner District 1:
All that portion of Early County, Georgia, which lies generally
north of a line described as follows: Begin at a point on the
west line of Early County, Georgia, where the same is
intersected by the centerline of Georgia Highway #62;
thence run in a northeasterly direction along the centerline
of Georgia Highway #62 until it intersects with the center-
line of County Road #147; thence run in a northwesterly
direction along the centerline of County Road #147 until it
intersects with the centerline of County Road #113; thence
run in a northerly direction along the centerline of County
Road #113 until it intersects with the centerline of County
4258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Road #4; thence run in a westerly direction along the
centerline of County Road #4 until it intersects with the
centerline of County Road #3; thence run in a northerly
direction along the centerline of County Road #3 until it
intersects with the centerline of County Road #1; thence
run in an easterly direction along the centerline of County
Road #1 until it intersects with the west margin of the city
limits of the City of Blakely, Georgia; thence run in a
northerly direction along said city limits margin until it
intersects with the centerline of Georgia Highway #39;
thence run in a southeasterly direction along the centerline
of Georgia Highway #39 until it intersects with the center-
line of Dean Avenue; thence run in a southerly direction
along the centerline of Dean Avenue until it intersects with
the centerline of Fort Gaines Street; thence run in a south-
erly direction along the centerline of Fort Gaines Street
until it intersects with the centerline of Washington
Avenue; thence run in an easterly direction along the
centerline of Washington Avenue until it intersects with
the centerline of Lee Street; thence run in a southerly
direction along the centerline of Lee Street until it inter-
sects with the centerline of the right-of-way of the Central
of Georgia Railroad; thence run in a northeasterly direction
along said railroad centerline until it intersects with the
extreme east margin of the city limits of the City of Blakely,
Georgia; thence run in a southeasterly direction along said
extreme east margin of the city limits of the City of Blakely,
Georgia, until same intersects with the centerline of
Georgia Highway #62; thence run in an easterly direction
along the centerline of Georgia Highway #62 until it inter-
sects with the center of Spring Creek; thence run in a
northerly direction along the center of Spring Creek to the
Early County Line.
Commissioner District 2:
All that portion of Early County, Georgia, lying generally east of a
line described as follows: Begin at a point on the south line
of Early County, Georgia, where the same is intersected by
the centerline of U. S. Highway #27; thence run in a
northwesterly direction along the centerline of U. S. High-
way #27 until it intersects with the center of Blue Creek;
thence run in a southwesterly direction along the center of
GEORGIA LAWS 1983 SESSION
4259
Blue Creek until it intersects with County Road #45
(Blakely-Centerville Road); thence run in a northwesterly
direction along the centerline of County Road #45 until it
intersects with the centerline of Georgia Highway #39;
thence run along the centerline of Georgia Highway #39
until it intersects with the south margin of the city limits of
Blakely, Georgia; thence run in an easterly direction along
said south margin to the southeast corner of the city limits
of the City of Blakely, Georgia; thence run in a northerly
direction along the east city limit line until it intersects
with the centerline of U. S. Highway #27; thence run in a
northwesterly direction along the centerline of U. S. High-
way #27 until it intersects with the centerline of County
Street; thence run in a northerly direction along the center-
line of County Street until it intersects with the centerline
of South Boulevard; thence run in a westerly direction
along the centerline of South Boulevard until it intersects
with the centerline of Lancelot Lane; thence run in a
northerly direction along the centerline of Lancelot Lane
until it intersects with the centerline of County Street;
thence run in a northwesterly direction along the centerline
of County Street until it intersects with the centerline of
Bay Street; thence run in a northerly direction along the
centerline of Bay Street until it intersects with the center-
line of Hogan Avenue; thence run in an easterly direction
along the centerline of Hogan Avenue until it intersects
with the centerline of Plant Street; thence run in a north-
erly direction along the centerline of Plant Street until it
intersects with the centerline of Liberty Street; thence run
in an easterly direction along the centerline of Liberty
Street until it intersects with the centerline of Georgia
Highway #200; thence run in a southeasterly direction
along the centerline of Georgia Highway #200 until it
intersects with the east city limit line of the City of Blakely,
Georgia; thence run in a northerly direction along said east
city limit line until it intersects with the centerline of
Georgia Highway #62; thence run in an easterly direction
along the centerline of Georgia Highway #62 until it inter-
sects with the center of Spring Creek; thence run in a
northerly direction along the center of Spring Creek to the
county line.
4260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District 3:
All of the land located in Early County, Georgia, and in the City of
Blakely, Georgia, which is not contained in Districts 1, 2,
and 4.
Commissioner District 4:
All that portion of Early County, Georgia, being generally the
southwest portion of said county and being more particu-
larly described as lying south of a line described as follows:
Begin at the west line of Early County, Georgia, where the
same is intersected by the centerline of Georgia Highway
#62; thence run in a northeasterly direction along the
centerline of Georgia Highway #62 until it intersects with
the east margin of the city limits of Blakely, Georgia;
thence run in a southerly direction along said city limits to
the southeast corner of the city limits of Blakely, Georgia;
thence run in an easterly direction along said south margin
of the city limits of Blakely, Georgia, until it intersects with
the centerline of Georgia Highway #39; thence run in a
southerly direction along the centerline of Georgia High-
way #39 until it intersects with the centerline of County
Road #45 (Blakely-Centerville Road); thence fun in a
southerly direction along the centerline of County Road
#45 until it intersects with the center of Blue Creek; thence
run in a northeasterly direction along the center of Blue
Creek until it intersects with the centerline of U. S. High-
way #27; thence run in a southeasterly direction along the
centerline of U. S. Highway #27 until it intersects with the
county line.
The provisions of this section shall not apply to any members of
the board of commissioners holding office on January 1,1984.
(b) The voters of each commissioner district shall elect a county
commissioner from their district. The fifth member of the board of
commissioners shall be the chairman and shall be elected from the
county at large.
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:
GEORGIA LAWS 1983 SESSION
4261
Section 6. The board of commissioners shall hold a regular
meeting at such time and place as they, in their discretion, may
designate within the county. The board may hold special meetings at
any time and at any place in the county that their duties may require.
At all meetings of the board the chairman, if present, shall preside,
but in all cases three members of said board shall constitute a quorum
to transact business, and the concurrence of any three members shall
decide all questions.
Section 4. Said Act is further amended by striking Section 8 in
its entirety and inserting in lieu thereof a new Section 8 to read as
follows:
Section 8. Each commissioner, except for the chairman, shall
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. The chairman of the board of commissioners shall be
paid out of the treasury or depository of the county the sum of $300.00
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.
Section 5. Said Act is further amended by adding a new section
immediately following Section 10, to be designated Section 10A, to
read as follows:
Section 10A. The board of commissioners is authorized to
dispose of personal property at public or private sale upon whatever
terms and conditions they may deem best.
Section 6. An Act providing for the staggering of the terms of
office of the members of the board of commissioners, approved
January 27,1978 (Ga. L. 1978, p. 3019), is 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
1983 session of the General Assembly of Georgia a bill to amend an
4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 27th day of December, 1982.
/s/ Ralph J. Balkcom
Representative,
140th District
/s/ Jimmy Hodge Timmons
Senator,
11th District
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 is Representative from the 140th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Early County News which is the
official organ of Early County, on the following dates: December 30,
1982, January 6,13,1983.
/s/ Ralph J. Balkcom
Representative,
140th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
GEORGIA LAWS 1983 SESSION
4263
BIBB COUNTY CITY OF MACON
INTERGOVERNMENTAL RELATIONS STUDY
COMMISSION AUTHORIZED.
No. 377 (House Bill No. 807).
AN ACT
To authorize the creation of an intergovernmental relations study
commission by the governing authorities of Bibb County and the City
of Macon; 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. This Act is pursuant to the authority of an amend-
ment to the Constitution of 1945, which has been continued in force
and effect by subsequent constitutions, authorizing the General
Assembly to provide by law for matters relating to certain forms of
governmental reorganization affecting Bibb County and political
subdivisions therein, which amendment was ratified at the general
election of 1958 and is set forth in Georgia Laws 1958, pages 497
through 502.
Section 2. The governing authority of Bibb County and the
governing authority of the City of Macon are authorized to create a
study commission for the purpose of determining and making recom-
mendations to the General Assembly concerning intergovernmental
relations and operations between Bibb County and other political
subdivisions within said county. Such recommendations may
include, but are not limited to, proposals for the merger or consoli-
dation of local governments, annexation, merger of governmental
services between political subdivisions, repeal of municipal charters,
and other proposals for governmental reorganization to achieve more
efficient and effective delivery of governmental services.
4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. The membership of a commission authorized by
Section 2 of this Act shall be as established by a resolution duly
adopted by the governing authority of Bibb County and a similar
resolution duly adopted by the governing authority of the City of
Macon creating such commission. However, in adopting such resolu-
tions said governing authorities shall provide for membership of the
commission which is reasonably reflective of minority interests,
municipal interests, and suburban or nonmunicipal interests.
Section 4. The governing authority of Bibb County and the
governing authority of the City of Macon are each authorized to
expend an amount not exceeding $25,000.00 to support financially a
commission created for the purposes of this Act.
Section 5. A commission authorized by this Act shall make a
report to the members of the General Assembly whose senatorial and
representative districts lie wholly or partially within Bibb County by
December 1,1983, and shall make another report to such members of
the General Assembly upon the completion of the commissions study
if such study is not completed by December 1,1983.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1983
Session of the General Assembly of Georgia a bill to create the Macon
Bibb County Charter Commission for a Consolidated Macon-Bibb
County; to provide for a short title; to provide for the appointment of
the members of said Commission; to provide for the powers and
duties of said Commission; to provide the said Commission shall be
authorized to employ a staff to assist it in carrying out its powers and
duties; to provide for the expenses of said Commission and for the
payment of same by the governing authorities of the City of Macon
and Bibb County; to provide for the powers of said Commission
relating to drafting a proposed countywide government charter; to
provide for the submission of such proposed countywide government
GEORGIA LAWS 1983 SESSION
4265
charter to the qualified voter of the City of Macon and of Bibb County
for approval or rejection; to provide the manner in which such charter
shall be submitted to said voters; to provide for the conduct of such
election and for the certification of the results thereof; to provide for
all procedures and matters connected with the foregoing; to provide
for severability; to repeal conflicting laws; and for other purposes.
Notice is also given that said legislation, including the title
thereof, may be amended by any germane amendment.
This 11th day of January, 1983.
Ed S. Sell, Jr.
Attorney for Bibb
County, Georgia
James E. Elliott, Jr.
Attorney for City of Macon
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 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 14, 21 and 28,
1983.
/s/ Frank C. Pinkston
Representative,
100th District
4266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 18, 1983.
JUDGE OF PROBATE COURT OF BROOKS COUNTY
METHOD OF COMPENSATION CHANGED, ETC.
No. 378 (House Bill No. 802).
AN ACT
To abolish the method of compensating the judge of the Probate
Court of Brooks County known as the fee system; to provide in lieu
thereof an annual salary; to provide for the annual salary; to provide
that all fees, fines, forfeitures, commissions, costs allowances, penal-
ties, and funds of said officer shall become property of the county; to
provide for the collection of such; to provide for periodic statements;
to provide for the payment of operating expenses; to provide for the
employment of personnel; to provide for the compensation of such
personnel; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Effective July 1, 1983, the method of compensating
the judge of the Probate Court of Brooks County known as the fee
system is abolished and in lieu thereof an annual salary for such
officer is prescribed as hereinafter provided.
GEORGIA LAWS 1983 SESSION
4267
Section 2. (a) Effective July 1, 1983, the judge of the Probate
Court of Brooks County shall receive an annual salary of not less than
the greater of the minimum salary provided in Chapter 9 of Title 15 of
the O.C.G.A. or $19,500.00.
(b) In the event there is a vacancy in the office of judge of the
Probate Court of Brooks County, the county commissioners of Brooks
County shall, prior to the vacancy being filled, determine the supple-
ment, if any, to be paid to the judge of the probate court for the
remainder of that calendar year. Thereafter, the county commis-
sioners shall set the supplement in accordance with subsection (c) of
this section.
(c) On and after July 1, 1983, the county commissioners of
Brooks County may supplement the compensation of the probate
judge. The amount of such supplement, if any, to be paid from July 1
to December 31, 1983, shall be determined by the county commis-
sioners prior to July 1, 1983. Thereafter the county commissioners
shall in December of each year determine the amount of such supple-
ment, if any, to be paid during the following calendar year.
(d) The annual salary and supplement provided for by this Act
shall be paid in equal biweekly installments from the funds of Brooks
County and shall be the sole compensation of the judge of the probate
court.
Section 3. Effective July 1,1983, the judge of the probate court
shall diligently and faithfully undertake to collect all fees, fines,
forfeitures, commissions, cost allowances, penalties, and funds form-
erly allowed him as compensation for services in any capacity and
shall receive and hold the same in trust for said county as public
moneys and shall pay the same into the county treasury on or before
the tenth day of each month next following the month in which they
were collected or received. At the time of each such monthly payment
into the county treasury, the judge of the probate court shall furnish
the governing authority of the county a detailed, itemized statement,
under oath, of all such funds received during the preceding month by
such officer and paid into the county treasury. The statement shall
show the respective amounts of money collected and the source
thereof.
Section 4. The judge of the probate court shall have the
authority to appoint one clerk who shall receive a monthly salary of
4268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
not less than $598.00 per month, payable in equal biweekly install-
ments, the exact amount to be determined by the governing authority
of the county, with an annual increase at the sole discretion of the
probate judge and governing authority. The judge of the probate
court shall have the authority to hire such additional help as he and
the governing authority shall agree upon. It shall be within the sole
power and authority of the judge of the probate court, during his term
of office, to designate and name the person or persons who shall be
employed as clerk, to prescribe the duties and assignment of such
clerk, and to remove or replace such clerk at will and within his sole
discretion.
Section 5. The necessary operating expenses of the judge of the
probate courts office, expressly including the compensation of all
personnel and employees, shall be paid from any funds of the county
available for such purpose. All supplies, materials, furnishings,
furniture, telephones, utilities, and equipment, and the repair,
replacement, and maintenance thereof, as may be reasonably
required in discharging the official duties of said office, shall be
furnished by the county and shall be paid from any funds of the
county available for such purpose. The determination of such
requirements shall be at the sole discretion of the judge of the probate
court and the governing authority of Brooks County.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia, a bill to place the
Judge of the Probate Court of Brooks County on an annual salary in
lieu of the fee system of compensation; to provide for a Clerk, to
provide for the expenses of operating said office and the furnishing of
supplies, materials, furnishings, furniture, utilities and equipment,
and the repair and replacement of the same, and for other purposes.
GEORGIA LAWS 1983 SESSION
4269
So dated this 21st day of January, 1983.
Brooks County Board
of Commissioners
C. E. Taylor, Jr., Clerk
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 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: January 26,
February 2,9,1983.
/s/ Henry L. Reaves
Representative,
147th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JUDGE OF PROBATE COURT OF TATTNALL COUNTY
METHOD OF COMPENSATION CHANGED, ETC.
No. 379 (House Bill No. 765).
AN ACT
To abolish the present mode of compensating the judge of the
Probate Court of Tattnall County, known as the fee system; to
provide in lieu thereof an annual salary; to provide that all fees, costs,
or other emoluments of said officer shall become the property of the
county; to provide for an exception; 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 office and court personnel by said
officer; to provide for compensation for such office and court person-
nel; to provide for other personnel; to provide an effective date; to
repeal a specific Act; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the
Probate Court of Tattnall County, known as the fee system, is
abolished and, in lieu thereof, an annual salary for such officer is
prescribed as provided in this Act.
Section 2. The judge of the probate court shall receive an annual
salary of not less than $13,420.00, the exact amount to be determined
by the governing authority of Tattnall County. In addition to the
annual salary, the judge of the probate court shall receive not less
than $1,200.00 per annum for those services relating to the conduct of
elections, the exact amount to be determined by the governing
authority of Tattnall County. The annual salary and additional
compensation of the judge of the probate court shall be payable in
equal monthly installments from county funds. The annual salary
and additional compensation shall be the sole compensation for
services of the judge of the probate court in any capacity except those
services for copies or searches by local custodians of vital records as
provided in Code Section 31-10-27 of the O.C.G.A.
GEORGIA LAWS 1983 SESSION
4271
Section 3. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for services in any capacity except as provided in Section 2
of this Act and shall receive and hold the same in trust for said county
as public moneys and shall pay the same into the county treasury on
or before the fifteenth day of each month next following the month in
which they were collected or received. At the time of each such
monthly payment into the county treasury, the judge of the probate
court shall furnish the governing authority of the county a detailed,
itemized statement, under oath, of all such funds received during the
preceding month by such officer and paid into the county treasury.
The statement shall show the respective amounts of money collected
and the source thereof.
Section 4. The judge of the probate court shall be authorized to
appoint office and court personnel to assist in carrying out the duties
of the office. The judge of the probate court shall receive not less than
$9,240.00 per annum to compensate such office and court personnel,
the exact amount to be determined by the board of commissioners.
The judge of the probate court shall have the authority to appoint
such other deputies, clerks, assistants, and other personnel deemed
necessary to discharge efficiently and effectively the official duties of
the office. The judge of the probate court shall, from time to time,
recommend to the governing authority of said county the number of
such personnel needed by the office, together with the suggested
compensation to be paid each employee. However, it shall be within
the sole discretion of the governing authority of said county to fix the
number of such other employees and their compensation. It shall be
within the sole power and authority of the judge of the probate court,
during the term of office to which elected, to designate and name the
person or persons who shall be employed as such deputies, clerks,
assistants, or other employees; to prescribe their duties and assign-
ments; and to remove or replace any of such employees at will and
within his or her sole discretion.
Section 5. The necessary operating expenses of the judge of the
probate courts office, expressly including the compensation of the
personnel in the office of the judge of the probate court, shall be paid
from any funds of the county available for such purpose. All supplies,
materials, furnishings, furniture, and utilities as may be reasonably
required in discharging the official duties of said office, shall be
4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Tattnall County.
Section 6. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 7. An Act providing that the judge of the Probate Court
of Tattnall County shall receive compensation from funds of Tattnall
County in addition to fees, approved February 21,1951 (Ga. L. 1951,
p. 2786), as amended by an Act approved February 25,1953 (Ga. L.
1953, Jan.-Feb. Sess., p. 2626), an Act approved April 6,1967 (Ga. L.
1967, p. 2959), and an Act approved February 28,1969 (Ga. L. 1969, p.
2133), is repealed in its entirety.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Legislation.
Notice is given that there will be introduced at the Regular 1983
Session of the General Assembly of Georgia a bill to change the
method of compensation of and the amount of compensation of the
Tattnall County Probate Judge; to provide for related matters; and
for other purposes.
This 28th day of January, 1983.
Sharon J. McCall
Affidavit of Publisher.
I, Russell Rhoden, do solemnly swear:
GEORGIA LAWS 1983 SESSION
4273
1. That I am the publisher of the Tattnall Journal, a newspaper
of general circulation published weekly on Thursday at Reidsville,
County of Tattnall, State of Georgia;
2. That the notice attached hereto, which is a part of this
affidavit, was published in said newspaper for three (3) insertions, the
first publication having been made on February 3,1983, followed by
the second publication having been made on February 10,1983, and
the last publication having been made on February 17,1983;
3. That said notice was published in a regular and entire issue of
every number of the paper during the period and times of publication;
4. That said notice was published in the newspaper proper, and
not in a supplement.
This 17th day of February, 1983.
/s/ Russell Rhoden
Publisher,
The Tattnall Journal
Sworn to and subscribed to before me,
this 18th day of February, 1983.
/s/ Paul Oliver
Notary Public, Georgia State at Large.
My Commission Expires Dec. 10, 1986.
(Seal).
Approved March 18, 1983.
4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF LAFAYETTE CHARTER AMENDMENTS.
No. 380 (House Bill No. 781).
AN ACT
To amend an Act creating a new charter for the City of LaFayette,
approved March 26, 1969 (Ga. L. 1969, p. 2298), so as to define and
place limitations on the authority to lease real property; to authorize
increased compensation to the mayor and members of the council; to
impose additional grounds for forfeiture of office; to increase the
contractual and purchasing powers of the city manager; to authorize
discounts for early payment of taxes; to provide 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
LaFayette, approved March 26, 1969 (Ga. L. 1969, p. 2298), is
amended by striking subparagraph (a) of Section 1.21 in its entirety
and inserting in lieu thereof a new subparagraph (a) of Section 1.21
which shall read as follows:
(a) To acquire, dispose of, lease, and hold in trust or otherwise,
any real, personal, or mixed property, inside or outside the city. This
power shall be subject to the limitations of any general law of the
State of Georgia as now exists or as is duly enacted in the future and is
also subject to any other limitations, if any there be, in this charter.
With regard to any lease of real property of the city, no such lease
shall have a term which together with the term or terms of any option
or options to renew or extend shall exceed a total of 25 years.
Section 2. Said Act is further amended by striking the figure
$100.00 at each of the two places where the same appears in Section
2.16 and inserting in lieu thereof at the first place that the same
appears the figure $175.00 and in the second place that it appears
the figure $150.00, so that said section when so amended shall read
as follows:
Section 2.16. Compensation; expenses. The mayor shall receive
as compensation for his services a sum not to exceed $175.00 per
GEORGIA LAWS 1983 SESSION
4275
month and not less than $10.00 per month, as fixed by ordinance of
the council, and each councilman shall receive as compensation for
his services a sum not to exceed $150.00 per month and not less than
$10.00 per month, as fixed by ordinance of the council. The mayor
and councilmen may be reimbursed for actual and necessary expenses
incurred in the performance of their official duties, as provided by
ordinance of the council.
Section 3. Said Act is further amended by adding the words or
convicted of any felony at the end of Section 2.19 of said Act, so that
said section when so amended shall read as follows:
Section 2.19. Forfeiture of office. The mayor or any member of
the council shall forfeit his office if he:
(1) Lacks at any time during his term of office any qualifica-
tion of the office as prescribed by this charter or by law;
(2) Violates any expressed prohibition of this charter; or
(3) Is convicted of a crime involving moral turpitude or
convicted of any felony.
Section 4. Said Act is further amended by striking the figure
$500.00 from paragraph (10) of Section 3.23 of said Act and
inserting in lieu thereof the figure $3,000.00, so that said paragraph
of said section when so amended shall read as follows:
(10) To make and execute all lawful contracts on behalf of the
City of LaFayette as to matters within his jurisdiction, except such as
may be otherwise provided by law or by ordinance or resolution of the
mayor and council; provided, however, that no contract, purchase or
obligation, involving more than $3,000.00 shall be valid or binding
upon the city until approved by the mayor and council; and provided
further that without the approval of the mayor and council neither
the city manager nor any other officer or employee shall in any
calendar month expend or obligate for any purpose any sum or sums
in excess of the monthly budget, or one-twelfth of the annual budget,
therefor as fixed by the mayor and council, and provided further that
no department head of the City of LaFayette shall make any purchase
on behalf of the city without a written purchase order signed by the
city manager.
4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. Said Act is further amended by adding at the end of
the second sentence of Section 4.14 of said Act the following clause:
and to give reasonable discounts for early payment of taxes, but
such discounts shall not exceed 2 percent of the gross amount of such
taxes.,
so that said section when so amended shall read as follows:
Section 4.14. Tax due dates and tax bills. The mayor and council
shall provide by ordinance when the taxes of the city shall fall due and
in what length of time said taxes shall be paid. The mayor and council
may 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 and to give reasonable
discounts for early payment of taxes, but such discounts shall not
exceed 2 percent of the gross amount of such taxes. The terms and
methods of payment and collection of city taxes shall be in the
manner as the mayor and council may determine by ordinance.
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 Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia an Act to amend an
Act creating a New Charter for the City of LaFayette approved March
26,1969 (Ga. Laws 1969, p. 2298) so as to define and place limitations
on the authority to lease real property; to authorize increased com-
pensation to the Mayor and members of the Council; to impose addi-
tional grounds for forfeiture of office; to increase the contractual and
purchasing powers of the City Manager; to authorize discounts for
early payment of taxes; and for other purposes.
GEORGIA LAWS 1983 SESSION
4277
This 2nd day of February, 1983.
Norman S. Fletcher
Attorney for the
City of LaFayette
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 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: February
4,11,18,1983.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF CHEROKEE AND FORSYTH
COUNTIES SALARIES AND SUPPLEMENTS OF
JUDGE AND SOLICITOR, ETC.
No. 381 (House Bill No. 289).
AN ACT
To amend an Act creating the State Court of Cherokee and
Forsyth Counties, approved February 28,1974 (Ga. L. 1974, p. 2114),
as amended by an Act approved April 6,1981 (Ga. L. 1981, p. 3853), so
as to provide for the salaries and supplements of the judge and
solicitor; to provide for judges to act in cases of disqualification and
absence of the judge; to change provisions relating to costs; 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 Cherokee and
Forsyth Counties, approved February 28,1974 (Ga. L. 1974, p. 2114),
as amended by an Act approved April 6,1981 (Ga. L. 1981, p. 3853), is
amended by striking subsection (a) of Section 3 which reads as
follows:
(a) The judge of the State Court of Cherokee and Forsyth
Counties shall receive a salary of $21,000.00 per annum and shall be
paid monthly by the commissioner of Cherokee County and by the
board of commissioners of Forsyth County in the way and manner
hereinafter provided.,
and inserting in its place a new subsection to read as follows:
(a) The judge of the State Court of Cherokee and Forsyth
Counties shall receive an annual salary of $23,300.00. On or after July
1,1983, the governing authorities of Cherokee and Forsyth Counties,
by concurrent resolutions, may supplement the salary of the judge.
The salary and any supplement paid to the judge shall be paid in
equal monthly installments from funds of Cherokee and Forsyth
Counties as provided in Section 34 of this Act.
GEORGIA LAWS 1983 SESSION
4279
Section 2. Said Act is further amended by striking the second
sentence of subsection (b) of Section 3 which reads as follows:
If for any reason the judge shall be absent or disqualified to act in
any case, the senior judge of the superior court shall assign a superior
court judge to preside or said senior judge may, in his discretion,
appoint a judge pro hac vice to preside in said case, whose compensa-
tion shall be fixed by the senior judge of the superior court and paid
by the commissioner of Cherokee County and by the board of
commissioners of Forsyth County as herein provided.,
and inserting in its place a new sentence to read as follows:
If the state court judge is absent or disqualified to act in any case,
he shall appoint a superior court judge, another state court judge, or a
judge pro hac vice to act in the case and shall fix the compensation to
be paid for such services from funds of Cherokee and Forsyth
counties.,
so that when so amended said subsection shall read as follows:
(b) The judge of said court shall not practice law in any case or
matter in Cherokee and Forsyth Counties of which the State Court of
Cherokee and Forsyth Counties has jurisdiction. If the state court
judge is absent or disqualified to act in any case, he shall appoint a
superior court judge, another state court judge, or a judge pro hac vice
to act in the case and shall fix the compensation to be paid for such
services from funds of Cherokee and Forsyth counties. No person
shall be eligible for the office of judge of said court unless he shall, at
the time of qualification, be at least 30 years of age; a resident of
Cherokee County or Forsyth County at least for six months immedi-
ately preceding his appointment or election; and must have actively
practiced law for at least three years in this state immediately before
taking office. Before entering upon the duties of his office, said judge
shall take and subscribe to the following oath before the judge of the
Probate Court of Cherokee and Forsyth Counties, Georgia:
I solemnly swear that I will administer justice without
respect to persons and do equal rights to rich and poor, and I will
faithfully and impartially discharge all duties which may be
required of me as judge of the State Court of Cherokee and
Forsyth Counties according to the best of my ability and under-
standing agreeable to the laws and Constitution of the United
States and of the State of Georgia, so help me God.,
4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which oath shall be filed with the clerk of the superior court of
each county.
Section 3. Said Act is further amended by striking subsection (a)
of Section 4 which reads as follows:
(a) The salary of the solicitor of said court shall be the sum of
$18,000.00 per annum and shall be paid monthly by the commissioner
of Cherokee County and by the board of commissioners of Forsyth
County in the manner hereinafter provided.,
and inserting in its place a new subsection to read as follows:
(a) The solicitor of the State Court of Cherokee and Forsyth
Counties shall receive an annual salary of $19,800.00. On or after July
1,1983, the governing authorities of Cherokee and Forsyth Counties,
by concurrent resolutions, may supplement the salary of the solicitor.
The salary and any supplement paid to the solicitor shall be paid in
equal monthly installments from funds of Cherokee and Forsyth
Counties as provided in Section 34 of this Act.
Section 4. Said Act is further amended by striking Section 24
which reads as follows:
Section 24. Costs in Civil Cases, Except Small Claims. The cost
in all civil cases, except for small claim cases as hereinafter provided
for, shall be the same as the cost in superior court and the clerk of the
court shall collect all costs due and is authorized to issue execution
therefor.,
and inserting in its place a new section to read as follows:
Section 24. Costs in Civil Cases. The costs and deposit of costs
paid at the time of filing in all civil cases shall be the same as the costs
in superior court. The clerk of the court shall collect all costs and is
authorized to issue executions for costs.
Section 5. Said Act is further amended by striking Section 33
which reads as follows:
Section 33. Small Claims. In all civil suits where the principal
amount involved is less than $500.00, such cases may be commenced
by the filing of an affidavit sworn to by the plaintiff setting forth
briefly a claim or demand, or a sworn itemized statement of account
GEORGIA LAWS 1983 SESSION
4281
official organ of Forsyth County, on the following dates: December 29,
1982, January 5,12,1983.
sworn to by the plaintiff and, likewise, the defendant may file an
affidavit setting forth his defense. The costs in all cases involving an
amount of less than $500.00 shall be $20.00 payable when suit is filed
and taxed as a part of the judgment in said cause.,
and inserting in its place a new section to read as follows:
Section 33. Small Claims. In all civil suits where the principal
amount involved is less than $500.00, such cases may be commenced
by the filing of an affidavit sworn to by the plaintiff setting forth
briefly a claim or demand, or a sworn itemized statement of account
sworn to by the plaintiff and, likewise, the defendant may file an
affidavit setting forth his defense.
Section 6. Sections 1 and 3 of this Act shall become effective
July 1,1983, and all other provisions of this Act shall become effective
upon approval of this Act by the governor or upon its becoming law
without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice is hereby given that a bill to amend the legislation creating
the State Court of Cherokee Forsyth Counties will be introduced
during the 1983 session of the Georgia legislature.
Cherokee County
Delegation
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William G. Hasty, Sr., who, on oath
deposes and says that he 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: December
29,1982, January 5,12,1983.
4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 18th day of January, 1983.
/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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, legislation to amend the
law creating the State Court of Cherokee and Forsyth Counties; to
provide for all related matters; to repeal conflicting laws; and for
other purposes.
This 22nd day of December, 1982.
Bill H. Barnett
Representative,
District 10
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William G. Hasty, Sr., who, on oath,
deposes and says that he is Representative from the 8th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Forsyth County News which is the
GEORGIA LAWS 1983 SESSION
4283
/s/ William G. Hasty, Sr.
Representative,
8th District
Sworn to and subscribed before me,
this 18th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal)..
Approved March 18, 1983.
COBB COUNTY OFFICE OF COUNTY MANAGER
CREATED, ETC.
No. 383 (House Bill No. 338).
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 powers, duties, authority, and compen-
sation of the chairman of the board of commissioners; to create the
office of county manager and provide for certain duties and powers of
such office; to provide guidelines for the selection of a county man-
ager; to provide for practices and procedures; to transfer certain
duties, powers, and authority from the chairman of the board of
commissioners to the county manager; to change the provisions
relating to discharge of employees or department heads; to change the
provisions relating to purchases; to abolish the office of executive
assistant to the chairman and repeal the provisions relative thereto;
to change the provisions relating to the Department of Finance and
4284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the comptroller; to change the provisions relating to records and
meetings; to change the provisions relating to expenditures; to pro-
vide 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 Cobb
County, approved June 19,1964 (Ga. L. 1964, Ex. Sess., p. 2075), as
amended, is amended by striking Section 8 in its entirety and
inserting in lieu thereof a new Section 8 to read as follows:
Section 8. Compensation. Commissioners, other than the chair-
man, shall be paid as their entire compensation for services as same,
the sum of $10,000.00 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 the sum of
$25,000.00 per annum, payable monthly, also to be paid out of the
county treasury upon warrants drawn upon the county treasury. The
salary so fixed shall constitute the entire compensation from all
sources to which said chairman or either commissioner shall be
entitled. The chairman and the commissioners may be reimbursed
for reasonable expenses incurred in carrying out their duties. Such
expenses shall include the following:
(1) Mileage reimbursement for the use of a personal auto-
mobile while conducting county business;
(2) Secretarial services, if required, over and above the
services normally provided by the county; and
(3) Travel and lodging expenses and fees incurred in con-
junction with training seminars, conventions, or county business
conducted outside of Cobb County.
Expenses may be reimbursed only after the submission of receipts
for said expenses to the county comptroller and the approval by
majority vote of the commission at a regularly scheduled meeting.
The chairman and commissioners shall not be entitled to any further
compensation for serving on any other boards or authorities by virtue
of their office.
GEORGIA LAWS 1983 SESSION
4285
Section 2. Said Act is further amended by striking Section 10
which reads as follows:
Section 10. The chairman. The chairman shall be the chief
executive officer of the county government, and shall generally super-
vise, direct, and control the administration or the affairs of the county
pursuant to the powers herein conferred upon him and pursuant to
the adopted resolutions of the commission in regard to matters
reserved to the exclusive jurisdiction of the commission. The chair-
man shall preside over meetings of the commission. The chairman
shall establish rules and regulate purchasing services for all county
departments, offices and agencies. He shall be further authorized to
make purchases for the county in amounts not exceeding $2,500.00.,
in its entirety and inserting in lieu thereof a new Section 10 to read as
follows:
Section 10. The chairman. The chairman shall preside over
meetings of the commission.
Section 3. Said Act is further amended by inserting, following
Section 10A, a new Section 10B, to read as follows:
Section 10B. County manager, (a) There is created the office of
county manager of Cobb County. The qualifications, method of
selection, appointment, term of office, compensation, procedure for
removal or suspension, method of filling vacancies, and other related
matters pertaining to the office of county manager shall be provided
for by resolution of the board of commissioners of Cobb County.
(b) In its discretion, the board of commissioners of Cobb County
may select a person for the office of county manager solely upon the
persons executive and administrative qualifications with specific
reference to actual experience in or knowledge of accepted practices
in respect to the duties of the office. In its discretion, the board of
commissioners may require any person appointed to the office of
county manager to hold a bachelors degree in business administra-
tion, accounting, finance, or related fields and possess at least three
years experience as a county or city manager or as an assistant county
or city manager; or the board of commissioners may require any
person appointed to the office of county manager to hold a masters
degree in any of the aforementioned fields and possess at least two
years experience as a county or city manager or as an assistant county
or city manager.
4286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The county manager shall be the chief executive officer of
Cobb County and the administrative head of the county government.
He shall be responsible to the board of commissioners for the proper
and efficient administration of all affairs of the county, except as
otherwise provided by law. It shall be the duty of the county manager
to:
(1) See that all laws and ordinances of the county are
enforced;
(2) Exercise control over all departments or divisions of the
county which the board or chairman of the board has heretofore
exercised or that may hereafter be created, except as otherwise
provided in this Act;
(3) Keep the board of commissioners fully advised as to the
financial condition and needs of the county;
(4) Supervise and direct the official conduct of all appoin-
tive county officers and department heads, except as may be
otherwise provided in this Act;
(5) Attend all meetings of the board with the right to take
part in the discussions, provided that the county manager shall
have no vote on any matter or issue before the board;
(6) Supervise the performance of all contracts made by any
person for work done for Cobb County and to supervise and
regulate all purchases of materials and supplies for Cobb County
within such limitations and under such rules and regulations as
may be imposed by the board of commissioners, provided that the
county manager is authorized to make purchases and contracts for
the county in amounts not exceeding $2,500.00;
(7) Confer and advise with all other elected or appointed
officials of Cobb County who are not under the immediate control
of the board of commissioners but who receive financial support
from said board;
(8) Devote his entire time to the duties and affairs of his
office and hold no other office or employment for remuneration
while so engaged; and
GEORGIA LAWS 1983 SESSION
4287
(9) Perform such other duties as may be required of him by
the board of commissioners.
Section 4. Said Act is further amended by striking Section 11 in
its entirety and inserting in lieu thereof a new Section 11 to read as
follows:
Section 11. The commission. The commission shall have the
power and authority to fix and establish, by appropriate resolution
entered on its minutes, policies, rules, and regulations governing all
matters reserved to its exclusive jurisdiction, which policies, rules,
and regulations, when so adopted, with proper entry thereof made on
the commission minutes, shall be conclusive and binding on the
county manager. The policies, rules, and regulations so adopted by
the commission shall be carried out, executed, and enforced by the
county manager as chief executive officer of the county, and the
commission shall exercise only those administrative powers which are
necessarily and properly incident to its functions as a policy-making
or rule-making body or which are necessary to compel enforcement of
its adopted resolutions. Any action taken by said county manager
which is in conflict with such adopted resolutions and which deals
with matters exclusively reserved to the jurisdiction of the commis-
sion shall be null, void, and of no effect. The following powers are
vested in the commission and reserved to its exclusive jurisdiction:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix the rates of all other charges;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed
against benefited property and to fix the basis for such assess-
ment;
(6) To authorize contracts and purchases, except as other-
wise provided in this Act, involving the expenditure of county
funds;
(7) To establish, alter, or abolish public roads, private ways,
bridges, and ferries, according to law; provided, however, that the
4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
chairman shall have the authority to accept subdivision plats
when the requirements established by the commission for subdivi-
sions have been met;
(8) To establish, abolish, or change election precincts and
militia districts according to law;
(9) To allow the insolvent lists for the county;
(10) To accept, for the county, the provisions of any optional
statute where the statute permits its acceptance by the governing
authority of the county or by the commissioner or board of
commissioners of the county;
(11) To exercise all powers, duty, and authority formerly
imposed upon or vested in the commissioner of roads and revenues
of Cobb County in respect to zoning and planning;
(12) To create and change the boundaries of special taxing
districts authorized by law;
(13) To fix the bonds of county officers where same are not
fixed by statute;
(14) To enact any ordinances or other legislation the county
may be given authority to enact;
(15) To determine the priority of capital improvements;
(16) To call elections for the voting of bonds;
(17) To exercise all of the power and authority formerly
vested by law in the commissioner of roads and revenues of Cobb
County or in the Cobb County Advisory Board together with the
power and authority which may be delegated by law to the
governing authority of the county, by whatever name designated,
except such authority or power given to the chairman by the
provisions of this Act; and
(18) To make purchases in amounts over $2,500.00; provided,
however, that, for any purchases in such amounts, advertisements
for bids shall be first published for two consecutive weeks in the
official organ of Cobb County. Formal, sealed bids, after said
GEORGIA LAWS 1983 SESSION
4289
advertising has been published, must be obtained on all purchases
of $2,500.00 or more. Advertisement and the obtaining of formal,
sealed bids may be dispensed with when, in the discretion of the
commission, an emergency exists which will not permit a delay.
Section 5. Said Act is further amended by striking Section 13 in
its entirety and inserting in lieu thereof a new Section 13 to read as
follows:
Section 13. Appointment of county officials and employees, (a)
The county manager shall have authority to appoint and fix the
compensation of the appointive officers and employees of Cobb
County subject to the following limitations and requirements:
(1) The person appointed as an officer or employee shall
have the qualifications that the office or position calls for when so
specified in this Act;
(2) The compensation fixed by the county manager shall be
within budgetary provisions subject to approval or rejection by a
majority of the board of commissioners in each and every case;
(3) All appointments shall be in accordance with the civil
service merit system laws of Cobb County which may now be in
force or which may be adopted, when such laws are applicable to
such appointments; and
(4) The county attorney and county physician shall be
appointed by the board of commissioners and their compensation
shall be fixed by the board of commissioners.
(b) The commission, by majority vote, which majority may be
the chairman and any two members or may be any three members of
the commission, may remove from office or employment any depart-
ment head of Cobb County, provided the removal of such department
head is not otherwise provided for by the civil service merit system
laws of Cobb County which may now be in force or which may be
adopted. At any time, the county manager may discharge any
employee or department head; any department head so discharged
may appeal for just cause to the board of commissioners. The board
of commissioners may, by majority vote, which majority may be the
chairman and any two members of the commission or may be any
three members of the commission, grant or reject any appeal for just
4290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cause. Failure to grant an appeal shall constitute discharge of the
department head.
(c) The provisions of subsections (a) and (b) of this section shall
not be construed to apply to members of boards and commissions,
and positions of employment in connection therewith, when such
boards and commissions were created by law, nor to the elective
county officers of Cobb County and employees under their supervi-
sion and control.
(d) It is specifically provided that the elective county officers of
Cobb County shall have the sole authority to appoint the personnel
employed within their respective offices, subject to the civil service
and merit system laws of Cobb County which may now be in force or
which may be adopted, when applicable to such personnel, but the
commission, by majority vote, which majority may be the chairman
and any two members or may be any three members of the commis-
sion, shall have the authority to approve or reject the salary recom-
mended for each such employee.
Section 6. Said Act is further amended by repealing Section 15
which reads as follows:
Section 15. Executive Assistant to Chairman. The chairman
shall appoint an executive assistant to the chairman. His compensa-
tion shall be approved by the board of commissioners of roads and
revenues, which shall be spread upon the minutes of the board of
commissioners of roads and revenues. Said executive assistant shall,
in general exercise such routine duties of the chairman as shall be
delegated to him by the chairman. The executive assistant shall have
successfully completed formal training in business administration,
engineering or public administration or shall have had at least two
years experience in one or more of the three fields. The executive
assistant shall serve at the pleasure of the chairman or may be
discharged by a majority vote of the board of commissioners. The
chairman shall be authorized and empowered from time to time to
increase, diminish, alter or modify the duties of the executive assis-
tant, according to his discretion. Such authority shall be effective as
of January 1,1967.,
in its entirety.
GEORGIA LAWS 1983 SESSION
4291
Section 7. Said Act is further amended by striking Section 17 in
its entirety and inserting in lieu thereof a new Section 17 to read as
follows:
Section 17. Department of Finance. The Department of Finance
shall be under the supervision and control of the Cobb County
comptroller. The comptroller shall be appointed by the county
manager subject to approval or rejection by a majority vote of the
board of commissioners, which majority may be the chairman and any
two members or may be any three members of the commission. He
shall have a bachelors or masters degree with a major in accounting
or the equivalent thereof from an accredited college or university or
shall have had at least five years of experience in public accounting or
five years experience in accounting work for a federal, state, county,
or municipal governmental agency. The compensation of the comp-
troller shall be fixed by the county manager subject to approval or
rejection by a majority vote of the commission, which majority may be
the chairman and any two members or may be any three members of
the commission. The Department of Finance shall, pursuant to the
resolutions adopted by the commission and instructions given by the
county manager, perform the following functions:
(1) Keep and maintain accurate records reflecting the
financial affairs of the county;
(2) Compile the annual budget covering all funds;
(3) Make quarterly allotments of moneys appropriated and
budgeted to each department, office, or agency of the county
entitled to receive same;
(4) Maintain current accounts over the collection and
deposit of moneys due the county from taxes and other sources;
(5) Examine all claims against the county and make recom-
mendations as to payment;
(6) Maintain budgetary control accounts showing encum-
brances for obligations entered into, liquidation of such encum-
brances, unencumbered balances of allotments, unexpended bal-
ances of allotments, and all unallotted balances of appropriations;
4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) Maintain proprietary accounts of the current assets and
of the liabilities of all county funds;
(8) Prepare and issue quarterly financial reports of the
operations of all county funds;
(9) Maintain property control records of county property,
including equipment and stores, and supervise stores;
(10) Plan and prepare for meeting the financial needs of the
county, project financial requirements, recommend means of
financing those requirements, and advise the county manager and
commission on financial matters; and
(11) Perform such other duties as may be assigned by the
county manager and commission.
Section 8. Said Act is further amended by striking Section 18 in
its entirety and inserting in lieu thereof a new Section 18 to read as
follows:
Section 18. Record; minutes. The comptroller shall be ex officio
clerk of the commission and chairman and, if the commission and
chairman shall so elect, they may appoint a clerk, who shall keep a
proper and accurate book of minutes. The book of minutes of the
commission shall contain all the acts, orders, and proceedings of the
commission in chronological order. A similar book of minutes shall be
kept which shall contain, in chronological order, all acts, orders, and
proceedings of the county manager. The minute books of the county
manager and commission shall be open to the public inspection at all
times during regular office hours, and certified copies of any entries in
the minute books shall be furnished by the clerk to any person
requesting same upon payment of a reasonable fee, to be paid into the
county treasury as other funds, to be assessed by the commission in
an amount sufficient to defray the cost of preparing same.
Section 9. Said Act is further amended by striking Section 20 in
its entirety and inserting in lieu thereof a new Section 20 to read as
follows:
Section 20. Expenditures by allotments. No expenditures of
county funds shall be made except in accordance with the county
budget, or amendments thereto, adopted by the commission. The
GEORGIA LAWS 1983 SESSION
4293
county manager shall enforce compliance with this provision by all
departments of county government, including those for elected offi-
cers, and to this end shall, through the comptroller and the Depart-
ment of Finance, institute a system of quarterly allotments of all
moneys appropriated and budgeted.
Section 10. (a) Except as provided in subsection (b) of this
section, this Act shall become effective on July 31,1983.
(b) Section 1 of this Act shall become effective on January 1,
1985.
Section 11. 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
1983 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. 1954, Ex. Sess. p. 2075) and
for other purposes.
This 31st day of Dec. 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Johnny Isakson, who, on oath,
deposes and says that he is Representative from the 21st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Marietta Daily Journal which is the
official organ of Cobb County, on the following dates: December 31,
1982, January 7,14,1983.
/s/ Johnny Isakson
Representative,
21st District
Sworn to and subscribed before me,
this 12th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
CITY OF ADEL ELECTION DISTRICTS
ELECTION OF MAYOR AND COUNCIL ^ TERMS
OF OFFICE, ETC.
No. 384 (House Bill No. 341).
AN ACT
To amend an Act creating a charter for the City of Adel, approved
March 17,1960 (Ga. L. 1960, p. 3055), as amended, particularly by an
GEORGIA LAWS 1983 SESSION
4295
Act approved February 27, 1976 (Ga. L. 1976, p. 2757), so as to
provide for election districts; to provide for the election of the mayor
and council; to provide for terms of office; to provide for qualification
and fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a charter for the City of Adel,
approved March 17,1960 (Ga. L. 1960, p. 3055), as amended, particu-
larly by an Act approved February 27,1976 (Ga. L. 1976, p. 2757), is
amended by striking Section 9, which reads as follows:
Section 9. Election, terms of mayor and councilmen; qualifica-
tion; fees. That on the 3rd Wednesday in October of each year
beginning on the 3rd Wednesday in October, 1960 and each succeed-
ing year thereafter, there shall be an annual election for the mayor
and councilmen of the City of Adel whose terms expire in said year.
All persons elected at such election shall take office instanter follow-
ing their election, and serve for a term of two years, and until their
successors are elected and qualified.
The mayor elected in the election held in the City of Adel on the
3rd Wednesday in October, 1959, shall remain in office until the 3rd
Wednesday in October, 1961, and until his successor is elected and
qualified. The two councilmen elected in the election held in the City
of Adel on the 3rd Wednesday in October, 1959, shall remain in office
until the 3rd Wednesday in October, 1961, and until their successors
are elected and qualified; their offices shall be designated as Council-
man Seat No. 1 and Councilman Seat No. 2. The three councilmen
elected in the election held in the City of Adel on the 3rd Wednesday
in October, 1958, shall remain in office until the 3rd Wednesday in
October, 1960, and until their successors are elected and qualified;
their offices shall be designated as Councilman Seat No. 3, Council-
man Seat No. 4, and Councilman Seat No. 5. It is the intent of this
paragraph that the officers named shall remain in office for the term
for which they were elected, and at the expiration of their term, their
successors shall be elected as set forth in this Section.
4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
For the regular annual election, a person to be eligible to run for
the office of mayor and councilman of said city shall qualify with the
city clerk of said city during the period from thirty (30) days prior to
the 3rd Wednesday in October of each year until 12:00 oclock noon on
the first Wednesday in October of each year. The city council shall
set qualifying fees for said offices.,
in its entirety and inserting in lieu thereof a new Section 9 to read as
follows:
Section 9. Election, terms of mayor and councilmen; qualifica-
tion; fees, (a) Beginning in 1983, and continuing each year thereafter,
there shall be an annual election held on the third Wednesday in
October for the election of the mayor and council members of the City
of Adel whose terms expire in said year. All persons elected at such
election shall take office instanter following their election and serve
for a term of two years, except as provided in this subsection for
certain council members elected in 1983, and until their successors
are elected and qualified. Council members elected to District 1, Post
1, District 2, Post 1, and to Post at Large in the election held on the
third Wednesday in October, 1983, shall serve for a term of one year
and until their successors are elected and qualified. Thereafter, in
succeeding years terms of all council posts shall be for a term of two
years and until their successors are elected and qualified.
(b) The mayor and two council members, formerly seat 1 and
seat 2, elected in the election held on the third Wednesday in October,
1981, shall remain in office until the third Wednesday in October,
1983, and until their successors are elected and qualified. The three
council members, formerly seat 3, seat 4, and seat 5, elected in the
election held on the third Wednesday in October, 1980, shall remain
in office until the third Wednesday in October, 1983, and until their
successors are elected and qualified.
(c) The City of Adel shall be divided into two election districts
by a line running generally northerly and southerly creating an
eastern district and a western district as described in subsection (d) of
this section. The westerly district shall be known as Election District
1 and the easterly district shall be known as Election District 2. The
mayor and one council member, whose seat shall be known as Council
Post at Large, may reside in any part of the City of Adel and shall be
elected by the voters of the entire city on a city-wide basis. Two
council members, whose seats shall be known as District 1, Post 1 and
GEORGIA LAWS 1983 SESSION
4297
District 1, Post 2, shall reside in District 1 as described in subsection
(d) of this section and shall be elected exclusively by the voters within
said district. Two council members whose seats shall be known as
District 2, Post 1 and District 2, Post 2 shall reside in District 2 as
described in subsection (d) of this section and shall be elected
exclusively by the voters within said district.
(d) The line dividing the City of Adel for the purpose of creating
said Election District 1 and Election District 2 is described as follows:
Beginning at a point where U. S. Highway No. 41, also known as Ga.
Highway No. 7, intersects with the Southerly boundary of the corpo-
rate limits of the City of Adel, thence Northerly along the centerline
of said U. S. Highway 41 to the intersection of U. S. Highway 41 with
Tenth Street; thence Westerly along the centerline of Tenth Street to
the intersection of Tenth Street with Burwell Avenue; thence North-
erly along centerline of Burwell Avenue to the intersection of Burwell
Avenue with Ninth Street; thence Westerly along centerline of Ninth
Street to the intersection of Ninth Street with Poplar Street; thence
Northerly along the centerline of Poplar Street along the Westerly jog
made by said Poplar Street between Sixth Street and Fifth Street and
continuing Northerly along the centerline of Poplar Street to the
intersection of Poplar Street with Fourth Street; thence Westerly
along the centerline of Fourth Street to the intersection of Fourth
Street with Pine Street; thence Northerly along the centerline of Pine
Street to the intersection of Pine Street with Wells Avenue; thence
Northeasterly along the centerline of Wells Avenue to the inter-
section of Wells Avenue with Talley Street; thence Easterly along the
centerline of Talley Street to the intersection of Talley Street with
U. S. Highway 41; thence Northerly along the centerline of U. S.
Highway 41 to the intersection of U. S. Highway 41 with the North-
erly corporate limits of the City of Adel. All areas lying in the City of
Adel and West of said line and/or contiguous to areas lying West of
said line shall comprise Election District One (1); all areas lying in the
City of Adel and East of said line and/or contiguous to areas lying
East of said line shall comprise Election District Two (2).
(e) The district boundaries shall remain unchanged until publi-
cation of the 1990 decennial census by the U. S. Bureau of Census at
which time said district boundaries shall be changed and the districts
reapportioned in accordance with the provisions of Code Section 36-
35-4.1 of the Official Code of Georgia Annotated.
4298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) Candidates for the office of mayor and council of the City of
Adel shall qualify for such office with the city clerk of said city during
the period from 30 days prior to the third Wednesday in October of
each year until 12:00 Noon on the first Wednesday in October prior to
election of office which such candidate is seeking. The city council
shall set qualifying fees for said offices.
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
1983 session of the General Assembly of Georgia a bill to amend an
Act creating a Charter for the City of Adel approved March 17,1960
(Ga. Laws 1960, p. 3055) as amended; to provide for a change in the
method of qualifying and electing members of the governing author-
ity; and for other purposes.
This 27th day of December, 1982.
Hanson Carter
Representative,
146th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Hanson Carter, who, on oath, deposes
and says that he is Representative from the 146th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Adel News which is the official organ of
GEORGIA LAWS 1983 SESSION
4299
Cook County, on the following dates: December 29,1982, January 5,
12,1983.
/s/ Hanson Carter
Representative,
146th District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
POWDER SPRINGS DOWNTOWN DEVELOPMENT
AUTHORITY VACANCIES IN MEMBERSHIP, ETC.
No. 385 (Senate Bill No. 289).
AN ACT
To provide for the existence of vacancies in the membership of the
Powder Springs Downtown Development Authority under certain
circumstances; to authorize the exclusion of certain property from
taxation by the Powder Springs Downtown Development Authority;
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 Powder Springs Downtown Development
Authority was created by an amendment to the Constitution ratified
at the 1980 general election. Said amendment is set forth in Georgia
Laws 1980 at pages 2035 through 2044. By an amendment to the
4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Constitution ratified at the 1982 general election as set forth in
Georgia Laws 1982, pages 2505, 2506, the General Assembly was
authorized by local law to modify, expand, or limit the powers of the
authority; to change the membership of the authority; to change the
manner of operation of the authority; to modify, expand, or limit the
power of taxation of the authority; and to provide for exemptions
from taxation by the authority. This Act is pursuant to the authority
of the 1982 amendment to the Constitution.
Section 2. The 1980 constitutional amendment described in
Section 1 of this Act which created the Powder Springs Downtown
Development Authority is amended by adding at the end of quoted
paragraph (b) of Section 1 the following:
A vacancy shall exist if a member is absent from two consecutive
regular meetings of the authority, unless granted a leave of absence by
a majority of the members of the authority and such leave of absence
is entered on the minutes of the authority. The grant of a leave of
absence may be given prior to the absences or at the first regular
meeting following the two absences, but the grant of a leave of
absence shall be at the discretion of the authority. When a vacancy is
created as provided by this paragraph, the chairperson of the author-
ity shall immediately notify the mayor and council of such vacancy.
Section 3. Said 1980 amendment to the Constitution is further
amended by adding at the end of quoted paragraph (e) of Section 1
thereof the following:
The authority is authorized to exclude from taxation by the
authority any owner occupied property located within the downtown
development district which is zoned residential.
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
1983 Session of the General Assembly of Georgia, a bill to amend an
Act creating the Powder Springs Development Authority as hereto-
fore amended, and for other purposes.
GEORGIA LAWS 1983 SESSION
4301
This 31st day of Dec. 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 is Senator from the 33rd District, and that the at-
tached 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 28, February 4,11,18,
25,1983.
/s/ Roy E. Barnes
Senator,
33rd District
4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
EAST POINT BUILDING AUTHORITY CREATED
POWERS, DUTIES, ETC.
No. 387 (Senate Bill No. 308).
AN ACT
To create and establish the East Point Building Authority, a body
corporate and politic and an instrumentality of the State of Georgia;
to authorize the Authority to acquire, construct, equip, maintain, and
operate self-liquidating projects, including buildings and facilities for
use by the City of East Point for its governmental, proprietary, and
administrative functions; to authorize the City of East Point to lease
or sell lands and buildings to the Authority; to provide for the
appointment of members of the Authority; to define certain terms
and words; to confer powers and impose duties on the Authority; to
grant limitations to the Authority; to authorize the Authority and the
City of East Point to enter into contracts and leases pertaining to uses
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 East Point, within the meaning of the
Constitution of the State of Georgia, Article IX, Section VII, Para-
graph I, shall be incurred by the exercise of any of the powers granted;
to authorize the issuance of revenue bonds of the Authority payable
GEORGIA LAWS 1983 SESSION
4303
from the revenues, rents, and earnings and other functions of the
Authority to pay the costs of such project; 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 execu-
tion 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 for jurisdiction of
actions relating to any provision 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 for severability; to provide an effective date; to
define the scope of the Authoritys operation; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. East Point Building Authority created. There is
created a public body corporate and politic to be known as the East
Point Building Authority, herein called the Authority, which shall
be an instrumentality and a public corporation of the State of
Georgia, the purpose of which shall be to acquire, construct, and
equip self-liquidating projects, including, but not limited to, build-
ings, sanitary and surface water sewers, streets, roads and public
facilities of every nature, type and character, for use by the City of
East Point for its governmental, proprietary, public, and administra-
tive functions, and the City of East Point is granted the right and
power by proper resolution of its governing authority to sell or lease to
the Authority lands and buildings owned by it. The Authority shall
not be a state institution, nor a department or agency of the state, but
shall be an instrumentality of the state, a mere creation of the state,
having distinct corporate entity and being exempt from the provi-
sions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the
Georgia State Financing and Investment Commission Act. The
Authority shall have its principal office in Fulton County, and its
legal situs or residence for the purposes of this chapter shall be Fulton
County.
4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Membership. The Authority shall consist of five
members who shall be eligible to succeed themselves and who shall be
elected by the Mayor and Council of the City of East Point. The
members of said Mayor and Council shall be eligible to be elected to
and serve on the Authority. The members of the Authority shall hold
office for terms of four years and until their successors shall have been
elected; provided, however, that of the original members elected to
the Authority three shall be elected to terms of one year each and two
shall be elected to terms of three years. Upon the expiration of each
of such initial terms, the successors shall be elected for terms of four
years. Any vacancy on the Authority shall be filled for the unexpired
term by the Mayor and Council. Immediately after their election, the
members of the Authority shall enter upon their duties. The Author-
ity shall elect one of its members as Chairman and one as Vice-
Chairman. The Secretary/Treasurer of the Authority shall be the City
Manager of the City of East Point, or his or her designee, who shall
not be a member of the Authority. Three members of the Authority
shall constitute a quorum and no vacancy on the Authority shall
impair the right of the quorum to exercise all the rights and perform
all the duties of the Authority and, in every instance, a majority vote
of a quorum shall authorize any legal act of the Authority, including
all things necessary to authorize and issue revenue bonds. The
members of the Authority shall receive no compensation for their
services, but may be reimbursed by the Authority for their actual
expenses properly incurred in the performance of their duties. The
Authority shall make rules and regulations for its own government
and shall have perpetual existence.
Section 3. Definitions. As used herein, the following words
and terms shall have the following meanings unless a different
meaning clearly appears from the context:
(1) The word Authority shall mean the East Point Build-
ing Authority created by this Act.
(2) The word project shall mean and include real and
personal property acquired or held by the Authority for one or a
combination of two or more of the following undertakings: build-
ings and facilities intended for use as a city hall, jail, police
department, fire department, administrative services, govern-
mental offices, communications services, proprietary and utility
offices, stadia, auditorium and sports and recreational facilities,
parking facilities, streets, roads and rights of ways, sanitary and
GEORGIA LAWS 1983 SESSION
4305
surface water sewers, and facilities for fairs and exhibitions and
events of all types and character, and all buildings and facilities of
every kind and character, determined by the Authority to be
desirable for the efficient operation of any department, board,
office, commission, or agency of the City of East Point, or of the
State of Georgia in the performance of its governmental, propri-
etary, and administrative functions.
(3) The term cost of project shall include the cost of
lands, buildings, improvements, machinery, equipment, property,
easements, rights, franchises, material, labor, services acquired or
contracted for, plans and specifications, financing charges, con-
struction costs, interest prior to and during construction; architec-
tural, accounting, engineering, inspection, administrative, fiscal,
and legal expenses; expenses incident to determining the feasibil-
ity or practicability of the project; expenses incident to the
acquiring, constructing, equipping, and operating of any project or
any part thereof, and to the placing of the same in operation and to
the condemnation of any property incident to such construction
and operation.
(4) The term revenue bonds shall mean revenue bonds
issued under the provisions of Article 3 of Chapter 82 of Title 36 of
the O.C.G.A., the Revenue Bond Law, and under the provisions of
this Act. The obligations authorized under this Act may be issued
by the Authority in the manner authorized under the Revenue
Bond Law.
Section 4. Powers. The Authority shall have all the powers
necessary or convenient to carry out and effectuate the purposes and
provisions of this Act including, but without limiting the generality of
the foregoing, it shall have the power:
(1) To sue and be sued;
(2) To adopt and alter a corporate seal;
(3) To make and execute with public and private persons
and corporations contracts, leases, rental agreements, and other
instruments relating to its projects and incident to the exercise of
the powers of the Authority, including contracts for constructing,
renting, and leasing of its projects for the use of the City of East
Point; and, without limiting the generality of the foregoing,
4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority is specifically granted to the City of East Point to enter
into lease contracts and related agreements for the use of any
structure, building, or facility or a combination of any two or more
structures, buildings, or facilities of the Authority for a term not
exceeding 50 years; and the City of East Point may enter into lease
contracts and related agreements for the use of any structure,
building, or facility, or a combination of two or more structures,
buildings, or facilities of the Authority for a term not exceeding 50
years upon a majority vote of its governing body and may obligate
itself for the use of such property so leased and also obligate itself
as a part of the undertaking to pay debt service incurred in
connection with such property, and to pay the cost of maintaining,
repairing and operating the property furnished by and leased from
the Authority; and the sums agreed to be paid under the provi-
sions of such lease contracts or related agreements may be pledged
or assigned to secure the payment of revenue bonds issued here-
under;
(4) To acquire in its own name by purchase on such terms
and conditions and in such manner as it may deem proper or by
condemnation in accordance with the provisions of any and all
existing laws of the State of Georgia applicable to the condemna-
tion of property for public use, including the power to proceed as a
condemning body under the provisions of Article 2 of Chapter 2 of
Title 22 of the O.C.G.A., relating to proceedings before a special
master, or by gift, grant, lease, or otherwise real property or rights
and easements therein and franchises and personal property
necessary or convenient for its corporate purposes and to use the
same so long as its corporate existence shall continue and to lease
or make contracts with respect to the use of or disposition of the
same in any manner it deems to the best advantage of the
Authority. Title to any such property shall be held by the
Authority exclusively for the benefit of the public. The Authority
shall be under no obligation to accept and pay for any property
condemned as provided herein except from the funds provided
therefor and, in any proceedings to condemn, such orders may be
made by the court having jurisdiction of the suit, action, or
proceedings as may be just to the Authority and to the owners of
the property to be condemned; and no property shall be acquired
as provided herein upon which any lien or other encumbrance
exists, unless at the time such property is so acquired a sufficient
sum of money shall be deposited in trust to pay and redeem the
amount of such lien or encumbrance. If the Authority shall deem
GEORGIA LAWS 1983 SESSION
4307
it expedient to construct any project on lands which are subject to
the control of the City of East Point, the governing authority of
the City of East Point is authorized to convey such lands to the
Authority for such consideration, not exceeding reasonable value,
as may be agreed upon by the Authority, as Grantee, and by such
governing authority, on behalf of the City of East Point, as
Grantor, taking into consideration the public benefit to be derived
from such conveyance;
(5) To improve, extend, add to, reconstruct, renovate, or
remodel any project or part thereof already acquired;
(6) To pledge or assign any revenues, income, rent, charges,
and fees received by the Authority;
(7) To appoint and select, agents, engineers, architects,
attorneys, fiscal agents, accountants, and employees and to pro-
vide for their compensation and duties;
(8) To construct, reconstruct, acquire, own, alter, repair,
remodel, maintain, extend, improve, operate, manage, and equip
projects located on land owned or leased by the Authority and to
pay all or part of the costs of any such project from the proceeds of
revenue bonds of the Authority or any contributions, loans, or
grants by persons, firms, or corporations, including the State of
Georgia and the United States of America, and any other contri-
butions, all of which the Authority is authorized to receive, accept,
and use to prescribe rules and regulations for the operation of and
to exercise police powers over the project or projects managed or
operated by the Authority.
(9) To accept, receive, and administer gifts, grants, loans
and devises of money, material, and property of any kind, includ-
ing loans and grants from the State of Georgia or the United
States of America or any agency or instrumentality thereof, upon
such terms and conditions as the State of Georgia or the United
States of America or such agency or instrumentality may impose;
(10) To borrow money for any of its corporate purposes; and
to issue revenue bonds payable solely from funds pledged for that
purpose and to provide for the payment of the same and for the
rights of the holders thereof;
4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) To exercise all powers usually possessed by private
corporations performing similar functions which are not in con-
flict with the Constitution and laws of this state; and
(12) Pursuant to proper resolution of the Authority to issue
revenue bonds payable from the rents and revenues of the Author-
ity and its projects, to provide funds for carrying out the purposes
of the Authority, which bonds may be issued in either fully
negotiable coupon form, in which event they shall have all the
qualities and incidents of negotiable instruments under the laws
of Georgia, or they may be issued in whole or in part in nonnego-
tiable fully registered form without coupons, payable to a desig-
nated payee or to the registered assigns of the payee with such
conversion privileges as the Authority may provide, for the pur-
pose of paying all or any part of the cost of any project, including
the cost of constructing, reconstructing, equipping, extending,
adding to, or improving such project, or for the purpose of
refunding, as herein provided, any such bonds of the Authority
theretofore issued. If the proceeds of the bonds of any issue shall
exceed the amount required for the purpose for which such bonds
were issued, the surplus shall be paid into the fund provided for
the payment of principal and interest on such bonds. All such
revenue bonds shall be issued and validated under and in accord-
ance with the procedure of Article 3 of Chapter 82 of Title 36 of
the O.C.G.A., the Revenue Bond Law, and in accordance with all
terms and provisions thereof not in conflict herewith and in
accordance with Code Section 50-17-1, relating to use of facsimile
signatures on public securities, and, as security for the payment of
any revenue bonds so authorized, any rents and revenue of the
Authority may be pledged and assigned. Such bonds are declared
to be issued for an essential public and governmental purpose, and
such bonds and all income therefrom shall be exempt from all
taxation within the State of Georgia. For the purpose of the
exemption from taxation of such bonds and the income therefrom,
the Authority shall be deemed to be a political subdivision of the
State of Georgia.
Section 5. Credit not pledged and debt not created by bonds.
Revenue bonds issued under the provisions of this Act shall not
constitute a debt or a pledge of the faith and credit of the State of
Georgia or the City of East Point; but such bonds shall be payable
from the rentals, revenue, earnings, and funds of the Authority as
provided in the resolution or trust agreement or indenture authoriz-
GEORGIA LAWS 1983 SESSION
4309
ing the issuance and securing the payment of such bonds; and the
issuance of such bonds shall not directly, indirectly, or contingently
obligate the state or said city to levy or pledge any form of taxation
whatever for the payment thereof. No holder of any bond or receiver
or trustee in connection therewith shall have the right to enforce the
payment thereof against any property of the state or of said city nor
shall any such bond constitute a charge, lien, or encumbrance, legal or
equitable, upon any such property. All such bonds shall contain on
their face a recital setting forth substantially the foregoing provisions
of this section. However, said municipality may obligate itself to pay
the amounts required under any contract entered into with the
Authority from funds received from taxes to be levied and collected
for that purpose to the extent necessary to pay the obligations
contractually incurred under this section, and from any other source;
and the obligation to make such payments shall constitute a general
obligation and a pledge of the full faith and credit of the obligor but
shall not constitute a debt of the obligor within the meaning of the
Constitution of the State of Georgia, Article IX, Section VII, Para-
graph I; and, when such obligation is made to make such payments
from taxes to be levied for that purpose, then the obligation shall be
mandatory to levy and collect such taxes from year to year in an
amount sufficient to fulfill and fully comply with the terms of such
obligation.
Section 6. Trust agreement. In the discretion of the Author-
ity, any issue of revenue bonds may be secured by a trust agreement
or indenture made by the Authority with a corporate trustee which
may be any trust company or bank having the powers of a trust
company within or without the State of Georgia. Such trust agree-
ment or indenture may pledge and assign rents, fees, charges, reve-
nues, and earnings to be received by the Authority. The resolution
providing for the issuance of revenue bonds and such trust agree-
ments or indenture may contain provisions for protecting and enforc-
ing the rights and remedies of the bondholders, including the right of
appointment of a receiver upon default of the payment of any
principal or interest obligation and the right of any receiver or trustee
to enforce collection of any rents, fees, charges or revenues for use of
the project or projects necessary to pay all costs of operation and all
reserves provided for, all principal and interest on all bonds of the
issue, all costs of collection, and all other costs reasonably necessary
to accomplish the collection of such sums in the event of any default
of the Authority. Such resolution and such trust agreement or
indenture may include covenants setting forth the duties of the
4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Authority in relation to the acquisition of property for and construc-
tion of the project and to the custody, safeguarding, and application
of all funds and covenants providing for the operation, maintenance,
repair, and insurance of the project or projects and may contain
provisions concerning the conditions, if any, upon which additional
revenue bonds may be issued. Such trust agreement or indenture
may set forth the rights and remedies of the bondholders and of the
trustee and may restrict the individual right of action of bondholders
as is customary in securing bonds and debentures of corporations and
may contain such other provisions as the Authority may deem
reasonable and proper for the security of the bondholders. All
expenses incurred in carrying out such trust may be treated as a part
of the cost of maintenance, operation, and repair of the project
affected by such trust.
Section 7. Refunding bonds. The Authority is authorized to
provide by resolution for the issuance of revenue bonds of the
Authority for the purpose of calling, refunding, or refinancing any
revenue bonds issued under the provisions hereof and then outstand-
ing and to include in the amount of such refunding bonds all interest
and any call premiums that may be required for the redemption and
refunding of such outstanding bonds.
Section 8. Venue of actions, jurisdiction. Any action to protect
or enforce any rights under the provisions hereof or any action against
the Authority brought in the courts of the State of Georgia shall be
brought in the Superior Court of Fulton County, Georgia; and any
action pertaining to validation of any bonds issued under the provi-
sions hereof shall be brought in said court which shall have exclusive,
original jurisdiction of such actions.
Section 9. Revenue bond validation. The petition for validation
of all bonds of the Authority shall be brought against the Authority
and any contracting party whose obligation is pledged as security for
the payment of the bonds sought to be validated, as defendants, and
the defendants shall be required to show cause, if any exists, why such
contract or contracts and the terms and conditions thereof shall not
be adjudicated to be in all respects valid and binding upon such
contracting parties. It shall be incumbent upon such defendants to
defend against adjudication of the validity and binding effect of such
contract or contracts or be forever bound thereby. Notice of such
proceedings shall be included in the notice of the validation hearing
required to be issued and published by the Clerk of the Superior
GEORGIA LAWS 1983 SESSION
4311
Court of Fulton County in which court such validation proceedings
shall be initiated.
Section 10. Interest of bondholders protected. While any of the
bonds issued by the Authority remain outstanding, the powers,
duties, or existence of the Authority or of its officers, employees, or
agents shall not be diminished, impaired, or affected in any manner
that will affect adversely the interest and rights of the holders of such
bonds; and no other entity, department, agency, or authority shall be
created which will compete with the Authority so as to affect
adversely the interest and rights of the holders of such bonds nor will
the state itself so compete with the Authority. The provisions hereof
shall be for the benefit of the Authority and the holders of any such
bonds and, upon the issuance of bonds under the provisions hereof,
shall constitute a contract with the holders of such bonds.
Section 11. Revenues, earnings, rents, and charges; use. (a) For
the purpose of earning sufficient revenue to make possible the
financing of the construction of the project or projects of the Author-
ity with revenue bonds, the Authority is authorized and empowered
to fix, revise, and collect rents, fees, and charges on each project which
it shall cause to be acquired or constructed. Such rentals, fees, or
charges to be paid for the use of such project or projects shall be so
fixed and adjusted as to provide a fund sufficient with other revenue,
if any, of such project or projects or of the Authority:
(1) To pay the cost of operating, maintaining, and repairing
the project or projects, including reserves for insurance and extra-
ordinary repairs and other reserves required by the resolution or
trust agreement or indenture pertaining to such bonds and the
issuance thereof, unless such cost shall be otherwise provided for;
(2) To pay the principal of and interest on such revenue
bonds as the same shall become due, including call premium, if
any, the proceeds of which shall have been or will be used to pay
the cost of such project or projects;
(3) To comply with any sinking fund requirements con-
tained in the resolution or trust agreement or indenture pertaining
to the issuance of and security for such bonds;
(4) To perform fully all provisions of such resolution and
trust agreement or indenture relating to the issuance of or security
for such bonds to the payment of which such rental is pledged;
4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) To accumulate any excess income which may be
required by the purchasers of such bonds or may be dictated by
the requirements of such resolution or trust agreement or inden-
ture or of achieving ready marketability of and low interest rates
on such bonds;
(6) To pay any expenses in connection with such bond issue
or of such project or projects including but not limited to trustees,
attorneys, and fiscal agents fees.
(b) Such rental shall be payable at such intervals as may be
agreed upon and set forth in the rental contract or lease providing
tberefor and any such contract or lease may provide for the com-
mencement of rental payments to the Authority prior to the comple-
tion of the undertaking by the Authority of any such project and may
provide for the payment of rental during such times as such project or
projects may be partially or wholly untenantable.
(c) Such rental contract or lease may obligate the tenants or
lessees to operate, maintain and keep in good repair, including
complete reconstruction, if necessary, the rented or leased premises
and projects, regardless of the cause of the necessity of such mainte-
nance, repair, or reconstruction.
(d) Such rental contract or lease may obligate the tenants or
lessees to indemnify and save harmless the Authority from any and all
damage to persons and property occurring on or by reason of the
leased property or improvements thereon and to undertake, at the
expense of the tenants or lessees, the defense of any action brought
against the Authority by reason of injury or damages to persons or
property occurring on or by reason of the leased premises.
(e) In the event of any failure or refusal on the part of the
tenants or lessees to perform punctually any covenant or obligation
contained in any such rental contract or lease, the Authority may
enforce performance by any legal or equitable process against the
tenants or lessees.
(f) The Authority shall be permitted to assign any rental pay-
able to it, pursuant to such rental contract or lease, to a trustee or
paying agent as may be required by the terms of the resolution or
trust agreement or indenture relating to the issuance of and security
for such bonds.
GEORGIA LAWS 1983 SESSION
4313
(g) The use and disposition of the Authoritys revenue shall be
subject to the provisions of the resolution authorizing the issuance of
such bonds or of the trust agreement or indenture, if any, securing the
same.
Section 12. Sinking fund. The revenue, rents, and earnings
derived from any particular project or projects and any and all
revenue, rents, and earnings received by the Authority, regardless of
whether such revenue, rents, and earnings were produced by a
particular project for which bonds have been issued, unless otherwise
pledged, may be pledged by the Authority to payment of the principal
of and interest on revenue bonds of the Authority as may be provided
in any resolution authorizing the issuance of such bonds or in any
trust instrument pertaining to such bonds, and such funds so pledged,
from whatever source received, may include funds received from one
or more or all sources and may be set aside at regular intervals into
sinking funds for which provision may be made in any such resolution
or trust instrument and which may be pledged to and charged with
the payment of (1) the interest upon such revenue bonds as such
interest shall become due, (2) the principal of the bonds as the same
shall mature, (3) the necessary charges of any trustee or paying agent
for paying such principal and interest, and (4) any premium upon
bonds retired by call or purchase; and the use and disposition of any
sinking fund may be subject to such regulation as may be provided for
in the resolution authorizing the issuance of the bonds or in the trust
instrument securing the payment of the same.
Section 13. Exemption from taxation. The exercise of the
powers conferred upon the Authority hereunder shall constitute an
essential governmental function for a public purpose and the Author-
ity shall be required to pay no taxes or assessments upon any of the
property acquired by it or under its jurisdiction, control, possession,
or supervision or upon its activities in the operation and maintenance
of property acquired by it or of buildings erected or acquired by it or
any fees, rentals, or other charges for the use of sucb property or
buildings or other income received by the Authority. The tax exemp-
tion herein provided shall not include an exemption from sales and
use tax on property purchased by or for the use of the Authority.
Section 14. Immunity from tort actions. The Authority shall
have the same immunity and exemption from liability for torts and
negligence as the State of Georgia, and the officers, agents, and
employees of the Authority, when in performance of work of the
4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Authority, shall have the same immunity and exemption from liabil-
ity for torts and negligence as officers, agents, and employees of the
State of Georgia. The Authority may be sued the same as private
corporations on any contractual obligation of the Authority.
Section 15. Property not subject to levy and sale. The property
of the Authority shall not be subject to levy and sale under legal
process.
Section 16. Trust funds. All funds received pursuant to
authority hereof, whether as proceeds from the sale of revenue bonds
or as revenue, rents, fees, charges, or other earnings or as grants, gifts,
or other contributions, shall be deemed to be trust funds to be held
and applied by the Authority, solely as provided herein; and the
bondholders entitled to receive the benefits of such funds shall have a
lien on all such funds until the same are applied as provided for in any
such resolution or trust instrument of the Authority.
Section 17. Construction. This Act and any other law enacted
with reference to the Authority shall be liberally construed for the
accomplishment of its purposes.
Section 18. Effective date. This Act shall be effective on the
date on which it is signed by the Governor or on the date on which it
becomes law without his signature.
Section 19. Scope of operations. The scope of the Authoritys
operation shall be limited to the territory embraced within the
corporate limits of the City of East Point as the same now or may
hereafter exist.
Section 20. Conveyance of property upon dissolution. Should
the Authority for any reason be dissolved after full payment of all
bonded indebtedness incurred hereunder, both as to principal and
interest, title to all property of any kind and nature, real and
personal, held by the Authority at the time of such dissolution shall
be conveyed to the City of East Point; or title to any such property
may be conveyed prior to such dissolution in accordance with provi-
sions which may be made therefor in any resolution or trust instru-
ment relating to such property, subject to any liens, leases, or other
encumbrances outstanding against or in respect to said property at
the time of such conveyance.
GEORGIA LAWS 1983 SESSION
4315
Section 21. Effect of partial invalidity of Act. Should any
sentence, clause, phrase, or part of this Act be declared for any reason
to be unconstitutional or invalid, the same shall not affect such
remainder of this Act or any part hereof, other than the part so held to
be invalid, but the remaining provisions of this Act shall remain in full
force and effect, and it is the express intention of this Act to enact
each provision of this Act independently of any other provision
hereof.
Section 22. Repealer. All laws and parts of laws in conflict with
this Act are 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 1983 regular
session of the General Assembly of Georgia, which convenes in
January, 1983. The title of the Bill or Bills to be introduced shall be
entitled as follows: An Act to create and establish the East Point
Building Authority; and for other purposes.
This 2nd day of February, 1983.
George N. Sparrow, Jr.
Attorney for the City
of East Point, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Frank E. Coggin, who, on oath,
deposes and says that he is Senator from the 35th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Fulton County Daily Report which is the
4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Fulton County, on the following dates: February 4,7,
14,1983.
/s/ Frank E. Coggin
Senator,
35th District
Sworn to and subscribed before me,
this 24th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
GORDON COUNTY BOARD OF COMMISSIONERS
POWERS, DUTIES, ETC. CHANGED.
No. 388 (Senate Bill No. 307).
AN ACT
To amend an Act providing for the office of Commissioner of
Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as
amended by an Act providing for a Board of Commissioners of
Gordon County, approved March 13,1975 (Ga. L. 1975, p. 2719), so as
to change the provisions relative to the county administrator; to
change the provisions relative to purchasing and the disposition of
property; to change the provisions relative to the inventory of prop-
erty; to change the provisions relative to audits; to change the
provisions relative to compensation of the chairman and members of
the board; to change the provisions relative to vacancies; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
4317
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the office of Commissioner of
Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as
amended by an Act providing for a Board of Commissioners of
Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719), 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) The Board of Commissioners shall employ a County
Administrator to carry out such administrative functions as the
Board of Commissioners shall assign or delegate to him. The County
Administrator shall serve at the pleasure of the Board and shall
receive such compensation as shall be fixed by the Board of Commis-
sioners. The County Administrator shall devote his full time to the
duties of his office.
Section 2. Said Act is further amended by striking Sections 4
and 5 in their entirety and substituting in lieu thereof new Sections 4
and 5 to read as follows:
Section 4. The Board of Commissioners may purchase necessary
machinery, tools, equipment and supplies for county use. All such
purchases, except repairs in excess of $2,500.00, including supplies,
materials, equipment and road machinery shall be made upon a
sealed competitive bid, and to this end it shall be the duty of the
Board of Commissioners to prepare quarterly an estimate of the
countys needs and requirements covering the next quarter and to
have invitation to bids covering such estimate published in the
official organ of the county, for which publication the legal rates of
advertising shall be paid. The aforesaid estimate of said require-
ments shall be divided into commodity divisions and bids shall be
requested thereupon. Invitation to bid will also be mailed to known
interested buyers outside the boundaries of the county. The Board of
Commissioners shall maintain a file of all qualified vendors who
desire to do business with the county, which file shall be maintained
according to the nature, of goods and materials offered and shall
contain a description of the vendors commodities. Written require-
ment of the item(s) to be purchased, including the trade name or its
equivalent in quality, will be included with the invitation to bid. Said
advertisement shall state the date and place of the opening of said
bids and the letting of said contract All of said bids shall be received
under seal and all bids received under seal shall not be opened until
4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the specified time and place. At said time and place, said bids so
received shall be opened and thereafter filed for two years in the
office of the Board of Commissioners for public inspection. The
contract for said supplies, materials, equipment and road machinery
shall be purchased from the lowest bidder.
Section 5. When any personal property, with an acquisition value
of $500.00 or more, owned by the county has become worn out,
useless, junk or has been used to such an extent that it is advisable to
dispose of it, the Board of Commissioners will certify in writing that
such equipment is no longer useful in the service of the county. Upon
such certification, the Board of Commissioners shall at public sale sell
the unserviceable property and remit the proceeds from the sale to
the treasury of the county. It shall be unlawful for the office of the
Board of Commissioners to sell such county personal property except
by competitive sealed bids or at public auction after advertisement
for such bids in the official organ of Gordon County once a week for
two consecutive weeks. Such advertisements shall give a complete
description of the property being offered for sale. The highest of such
bids submitted must be accepted. The high bidder shall pay 100
percent cash at the time of sale. A file of all sealed bids received shall
be retained for a period of two years by the clerk of the Board of
Commissioners and shall be open to the public for inspection at any
time within such two-year period. The Board of Commissioners may
dispose of unserviceable county property having an acquisition value
of less than $500.00 in any manner deemed in the best interest of the
county. Any proceeds received therefrom will be deposited in the
county treasury.
Section 3. Said Act is further amended by striking Section 7 in
its entirety and substituting in lieu thereof a new Section 7 to read as
follows:
Section 7. It shall be the duty of the Board of Commissioners to
maintain an accurate running list of all county real and personal
property having a value of $250.00 or more. An annual inventory of
all property subject to said boards control shall be taken on or before
January 15 of each year. The inventory list shall include the nomen-
clature of the item, make and serial number, date of purchase or
disposal, name of seller or buyer and price of the item. The Board of
Commissioners shall submit a copy of the inventory to the first
meeting of the grand jury after the inventory has been taken.
GEORGIA LAWS 1983 SESSION
4319
Section 4. Said Act is further amended by striking subsection
(b) of Section 10 in its entirety and substituting in lieu thereof a new
subsection (b) to read as follows:
(b) The auditor so employed shall make the audits provided for
herein in accordance with generally accepted accounting procedures
and principles and shall submit a complete and final report and audit
to the Board of Commissioners by not later than 180 days after the
close of the budget year of Gordon County. All audits provided for
herein shall be certified to include and shall include, but shall not be
limited to, a full and complete audit containing a balance sheet, a
profit and loss statement, a detailed statement of all receipts and
disbursements, a detailed financial listing of fixed assets (except
school property) belonging to Gordon County, and a statement
showing all indebtedness of whatever kind of the county, its depart-
ments and agencies. Such audit shall, in addition to showing a
complete audit on a county basis, contain a separate audit for each
department and agency of the county government. The auditor will
indicate if any county funds have been misappropriated during the
fiscal year being audited. In the statement of receipts and disburse-
ments, said auditor shall list the names of persons, firms or corpora-
tions who received a total of $100.00 or more during the preceding
quarter and budget year and also the purpose or purposes for which
such amounts were disbursed. Should any auditor discover any
violation of the laws of Georgia or any irregularities in any of the
finances or accounts of the county, its departments and agencies, it
shall be the duty of such auditor to immediately report such violation
or irregularity to the Board of Commissioners and to the grand jury
then in session or, if no grand jury is in session, then to the first grand
jury convened after such violations or irregularities are discovered.
Section 5. Said Act is further amended by striking subsection (e)
of Section 10 in its entirety and substituting in lieu thereof a new
subsection (e) to read as follows:
(e) All annual audits shall be published in the legal organ of
Gordon County within 180 days after the end of the budget year.
Section 6. Said Act is further amended by striking subsection (a)
of Section 13 in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) Each member of the Board of Commissioners, other than
the Chairman, shall be compensated in the amount of $100.00 for
attending each meeting of the Board of Commissioners, and such
compensation shall be paid from the funds of Gordon County. The
Chairman shall be compensated in the amount of $150.00 for attend-
ing each meeting of the Board of Commissioners, and such compensa-
tion shall be paid from the funds of Gordon County.
Section 7. Said Act is further amended by striking Section 17 in
its entirety and substituting in lieu thereof a new Section 17 to read as
follows:
Section 17. When a vacancy occurs in the membership of the
Board of Commissioners and the unexpired term of office exceeds 12
months in duration, it shall be the duty of the Judge of the Probate
Court of Gordon County to call a special election to elect a successor
to fill said vacancy in not less than 60 nor more than 90 days after the
occurrence of said vacancy. Any such election shall be held as
provided by existing laws governing all special elections, and the cost
of same shall be defrayed by the proper county authorities. In the
event the unexpired term to be filled is 12 months or less in duration,
the Chief Judge of the Superior Court of Gordon County shall have
power to appoint a successor to fill the unexpired term.
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
1983 session of the General Assembly of Georgia, a bill to amend the
Act creating the Board of Commissioners of Gordon County; and for
other purposes.
This 3rd day of January, 1983.
GEORGIA LAWS 1983 SESSION
4321
J. C. Maddox
Representative,
7th District
Max Brannon
Senator,
51st District
Georgia, Gordon County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Max Brannon, who, on oath, deposes
and says that he is Senator from the 51st District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Calhoun Times which is the official organ of
Gordon County, on the following dates: January 5,12 and 19,1983.
/s/ Max Brannon
Senator,
51st District
Sworn to and subscribed before me,
this 23rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GWINNETT COUNTY BOARD OF EDUCATION
COMPENSATION OF MEMBERS, EXPENSE
ALLOWANCES, ETC.
No. 389 (Senate Bill No. 305).
AN ACT
To amend an Act providing for districts for the election of the
Board of Education of Gwinnett County, approved April 7,1972 (Ga.
L. 1972, p. 4058), as amended, so as to change the compensation of the
board and provide for expense allowances; to provide 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 districts for the election of the
Board of Education of Gwinnett County, approved April 7,1972 (Ga.
L. 1972, p. 4058), as amended, is amended by striking Section 2
thereof, which reads as follows:
Section 2. Each member of the Board of Education of Gwinnett
County shall be compensated in the amount of $100.00 per month.,
and inserting in its place a new Section 2 to read as follows:
Section 2. Each member of the Board of Education of Gwinnett
County shall be compensated in the amount of $150.00 per month,
plus an expense allowance of $150.00 per month for expenses incurred
in the performance of the members duties within the county, plus
reimbursement for actual and necessary expenses incurred in the
performance of the members duties outside the county.
Section 2. This Act shall become effective July 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
4323
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a Bill to provide for
an increase in the compensation to be paid to members of the Board
of Education of Gwinnett County, to provide for related matters
thereto and for other purposes.
Board of Education
of Gwinnett County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, R. T. Phillips, who, on oath, deposes
and says that he is Senator from the 9th 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: February 2,9,16,1983.
/s/ R. T. Phillips
Senator,
9th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SOUTH COBB DEVELOPMENT AUTHORITY AREA
ENLARGED.
No. 390 (Senate Bill No. 303).
AN ACT
To amend an Act known as the South Cobb Development
Authority Act, approved April 12,1982 (Ga. L. 1982, p. 3772), so as
to provide for the enlargement of the South Cobb Development Area;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the South Cobb Development
Authority Act, approved April 12, 1982 (Ga. L. 1982, p. 3772), is
amended by striking subsection (a) of Section 4 in its entirety and
substituting in lieu thereof a new subsection (a) to read as follows:
(a) The Development Area, as defined in this Act, is estab-
lished as that tract or parcel of land located in Cobb County, Georgia,
as follows:
All non-residentially zoned parcels of real property (as said parcel
boundaries may now or hereafter be constituted), all or part of which
lie wholly or partially within 200 feet of the right of way of Bankhead
Highway (Georgia State Highway 78), beginning at the intersection of
Maxham Road/Austell Road and Bankhead Highway in the City of
Austell, and running thence East along Bankhead Highway to the
intersection thereof with Dodgen Road.
Also, all non-residentially zoned parcels of real property (as said
parcel boundaries may now or hereafter be constituted), all or part of
which lie wholly or partially within 200 feet of the right of way of
Gordon Road Extension and Gordon Road, beginning at the inter-
section of Gordon Road Extension and Barnes Drive, and running
thence South along Gordon Road Extension and Gordon Road to the
intersection thereof with the South line of Land Lot 189 of the 18th
District of Cobb County, Georgia.
Also, the following tracts of land:
GEORGIA LAWS 1983 SESSION
4325
Tract I
All of Land Lot 1304 of the 19th District, 2nd Section of Cobb
County, Georgia, lying South of the railroad right of way and East of
Maxham Road/Austell Road.
Tract II
All of Land Lot 1303 of the 19th District, 2nd Section of Cobb
County, Georgia, lying South of the railroad right of way.
Tract III
All of Land Lot 1302 of the 19th District, 2nd Section of Cobb
County, Georgia.
Tract IV
All of Land Lot 1288 of the 19th District, 2nd Section of Cobb
County, Georgia, lying South of the railroad right of way.
Tract V
All of Land Lot 1289 of the 19th District, 2nd Section of Cobb
County, Georgia, lying West of June Drive and an extension of the
East side of the right of way of June Drive northerly to the North line
of said Land Lot.
Tract VI
All that tract or parcel of land lying and being in Land Lot 107 of
the 17th District, 2nd Section, Cobb County, Georgia, being more
particularly described as follows:
BEGINNING at a point on the North side of Lions Club Drive 152
feet East of the intersection thereof with the West line of said Land
Lot, and running thence northerly 548.3 feet to a point and corner;
running thence easterly 223 feet to a point and corner; running thence
southerly 352.9 feet to a point; continuing thence southerly 229.7 feet
to a point and corner on the North side of Lions Club Drive; running
westerly along the North side of Lions Club Drive (which would also
be the northern limits of the South Cobb Development Area as
described elsewhere herein) 437.5 feet to the point of beginning; and
4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
being the property now or formerly owned by Skating Clubs of
Georgia, Inc.
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
1983 session of the General Assembly of Georgia, a bill to amend the
South Cobb Development Authority Act (Ga. Laws 1982, p. 3772),
and for other purposes.
This 2nd day of February, 1983.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 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
GEORGIA LAWS 1983 SESSION
4327
organ of Cobb County, on the following dates: February 4, 11, 18,
1983.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
CITY OF MACON p MANNER OF SELECTING
PRESIDENT PRO TEMPORE OF CITY COUNCIL.
No. 391 (Senate Bill No. 302).
AN ACT
To amend an Act providing a new charter for the City of Macon,
approved March 23,1977 (Ga. L. 1977, p. 3776), so as to provide that
the president pro tempore of the city council shall be selected from
the full body of council by majority vote of all members of council; to
provide for filling a vacancy of the presidency; to provide for all
related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
4328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section L An Act providing a new charter for the City of Macon,
approved March 23, 1977 (Ga. L. 1977, p. 3776), is amended by
striking Section 2-301, relating to the president and president pro
tempore of the council, and inserting in its place a new Section 2-301
to read as follows:
Section 2-301. President and president pro tempore. The
council shall select, by a majority vote of all members, a president of
the council from among the council members elected at large. The
council shall select, by a majority vote of all members, a president pro
tempore from among the council members as a whole. The selection
shall be held at the organizational meeting of the council after the
municipal election and the president and president pro tempore shall
serve for the same term as other council members, subject to removal
from the presidency or presidency pro tempore by a vote of ten
council members for removal. In the event the presidency of the
council becomes vacant for any reason, a new president of council
shall be selected as set out in this section.
Section 2. Said Act is further amended by striking subsection (c)
of Section 2-303, relating to powers and duties, and inserting in its
place a new subsection to read as follows:
(c) The president pro tempore shall have all the rights, privi-
leges, and responsibilities of the other council members and shall
serve as acting president of the council if, for any reason, the
president is temporarily unable to serve or is acting as mayor.
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 the Mayor and Council of the City of
Macon that there will be introduced in the 1983 Session of the
General Assembly of Georgia a bill to amend the Macon City Charter,
adopted by Ga. Laws 1977, p. 3776, as amended, so as to provide that
the President Pro-Tempore of the City Council shall be selected by
the full body of Council by a majority vote of all members of Council,
to provide for filling a vacancy of the presidency of Council, to repeal
conflicting law and for other purposes.
GEORGIA LAWS 1983 SESSION
4329
Notice is also given that said legislation may be amended by any
germane amendment.
This 2nd day of February, 1983.
Joan W. Wooley
Attorney for the
City of Macon
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 is Senator from the 26th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Macon News which is the official organ of
Bibb County, on the following dates: February 4,11,18,1983.
/s/ Richard L. Greene
Senator,
26th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MILLEDGEVILLE RfM COMPENSATION OF
MAYOR AND ALDERMEN.
No. 392 (Senate Bill No. 299).
AN ACT
To amend an Act establishing a new charter for the City of
Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as
amended, so as to change the compensation of the mayor and aider-
men of said city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a new charter for the City of
Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as
amended, is amended by striking Section 18 in its entirety and
inserting in lieu thereof a new Section 18 to read as follows:
Section 18. (a) The mayor and aldermen shall receive the
following salaries for their services on the governing authority of the
City of Milledgeville:
(1) Mayor - $400.00 per month;
(2) Mayor pro tempore - $300.00 per month;
(3) Alderman - $250.00 per month.
(b) The mayor and aldermen shall also be entitled to receive a
travel allowance in carrying out their duties as follows:
(1) Mayor - $100.00 per month;
(2) Mayor pro tempore - $75.00 per month;
(3) Alderman - $50.00 per month.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
4331
Introduce Legal Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
creating a new charter for the City of Milledgeville, approved
December 15, 1900 (Ga. L. 1900, p. 345), as amended; and for other
purposes.
This 29th day of December 1982.
Culver Kidd
Senator,
25th District
Bobby E. Parham
Representative,
105th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Culver Kidd, who, on oath, deposes
and says that he is Senator from the 25th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Union Recorder which is the official organ of
Baldwin County, on the following dates: January 1,5,14,1983.
/s/ Culver Kidd
Senator,
25th District
4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 18, 1983.
STATE COURT OF DEKALB COUNTY TERMS OF
COURT.
No. 393 (House Bill No. 753).
AN ACT
To amend an Act creating and establishing the State Court of
DeKalb County (formerly the Civil and Criminal Court of DeKalb
County),; approved February 14, 1951 (Ga. L. 1951, p. 2401), as
amended, so as to provide for procedure of said court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing the State Court of
DeKalb County (formerly the Civil and Criminal Court of DeKalb
County), approved February 13, 1951 (Ga. L. 1951, p. 2401), as
amended, is amended by striking in its entirety Section 9, relating to
the terms of court, and substituting in lieu thereof a new Section 9, to
read as follows:
Section 9. There shall be held four terms of the State Court of
DeKalb County, Georgia, in each year and such terms shall be held as
follows: The first term shall convene annually on the first Monday in
GEORGIA LAWS 1983 SESSION
4333
January, the second term shall convene annually on the first Monday
in April, the third term shall convene annually on the first Monday in
July, and the fourth term shall convene annually on the first Monday
in October after the passage of this Act to be held at the place
provided for holding the same in DeKalb County, and such terms
shall remain open for the transaction of business until the next
succeeding term of said court. Each term of said court shall have a
jury and a nonjury calendar. When there are not sufficient contested
jury cases, the judge of said court, in his own discretion, may omit the
drawing of a jury for any term of said court, however, this will not
prohibit said judge from having a nonjury calendar during any term of
court at which said judge omits having jury cases.
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 to Apply for Local Legislation.
An Act to amend an Act creating and establishing the State Court
of DeKalb County (formerly the Civil and Criminal Court of DeKalb
County), approved February 14, 1951 (Ga. Laws 1951, p. 2401) as
amended; to provide for procedure of said Court; to repeal conflicting
laws; and for other purposes.
This 27th day of January, 1983.
Judge Jack B. Smith
Judge Ralph E. Carlisle
Judge Clarence F. Seeliger
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. Max Davis, who, on oath, deposes
4334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he is Representative from the 45th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Decatur-DeKalb News Era which is the official
organ of DeKalb County, on the following dates: February 3, 10,17,
1983.
/s/ J. Max Davis
Representative,
45th District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
JEFF DAVIS COUNTY BOARD OF COMMISSIONERS
COMPOSITION OF ELECTION DISTRICTS CHANGED.
No. 394 (House Bill No. 749).
AN ACT
To amend an Act creating a board of commissioners of Jeff Davis
County, approved March 25,1958 (Ga. L. 1958, p. 3288), as amended,
so as to change the composition of the districts from which members
of the board of commissioners are elected; to provide an effective
date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
4335
Section 1. An Act creating a board of commissioners of Jeff
Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as
amended, is amended by adding after Section 2 a new Section 2A to
read as follows:
Section 2A. For the purpose of electing members of the board
of commissioners of Jeff Davis County in 1986 and thereafter, Jeff
Davis County is divided into five commissioner districts. Each such
commissioner district shall consist of a portion of Jeff Davis County,
described as follows:
District Number 1:
Beginning at the Intersection of the Altamaha River and
U. S. Highway 221 (GA 135) and proceeding southward along this
Highway to its intersection with the Southern Railroad line within
the municipal boundaries of the City of Hazlehurst. The District
line then turns northwest and follows the Railroad line to the
municipal boundary of the City of Hazlehurst where it turns
northeast and follows the municipal boundary of the City of
Hazlehurst to its intersection with U. S. Highways 341 & 23 (GA
19 & 27). The District line then follows this Highway northwest to
the intersection with County Road 18 where it turns north and
follows CR 18 to its intersection with County Road 114. The
District line then follows CR 114 to its intersection with County
Road 185. The District line then proceeds northward until it
intersects with the Ocmulgee River.
District Number 2:
Beginning at the intersection of the Altamaha River and
U. S. Highway 221 (GA 135) and proceeding southward along this
highway to its intersection with the Southern Railroad line within
the municipal boundaries of the City of Hazlehurst. The District
line then turns southeast and follows the Railroad line to the
municipal boundary of the City of Hazlehurst where it turns
southwest and follows the municipal boundary of the City of
Hazlehurst to its intersection with U. S. Highway 23 (GA 19).
The District line then proceeds southeastward along this Highway
to its intersection with County Road 173 where it turns east and
follows CR 173 to its intersection with County Road 257. The
District line then follows CR 257 southeast to its intersection with
County Road 172 where it turns northeast and follows CR 172 to
the County Line of Jeff Davis and Appling Counties.
4336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District Number 3:
Beginning at the intersection of the Coffee County line and
County Road 293 and proceeding north along CR 293 to its
intersection with County Road 249 where it follows CR 249 west to
U. S. Highway 221 (GA 135). The District line then proceeds
north along this highway to the municipal boundary of the City of
Hazlehurst where it turns east and follows the municipal
boundary of the City of Hazlehurst until it intersects with County
Road 293. The District line then follows CR 293 north to its
intersection with U. S. Highway 23 (GA 19) where it proceeds
northwest to the intersection of U. S. Highway 221 (GA 135) and
Georgia Highway 268. The District line then follows U. S. High-
way 221 (GA 135) north to its intersection with the Southern
Railroad line. The District line then turns southeast and follows
the Railroad line to the municipal boundary of the City of
Hazlehurst where it turns southwest and follows the municipal
boundary of the City of Hazlehurst to its intersection with U. S.
Highway 23 (GA 19). The District line then proceeds southeast
along this Highway to its intersection with County Road 173
where it turns east and follows CR 173 to its intersection with
County Road 257. The District line then follows CR 257 southeast
to its intersection with County Road 172 where it turns northeast
and follows CR 172 to the County Line of Jeff Davis and Appling
Counties.
District Number 4:
Beginning at the intersection of the Coffee County line and
County Road 293 and proceeding north along CR 293 to its
intersection with County Road 249 where it follows CR 249 west to
U. S. Highway 221 (GA 135). The District line then proceeds
north along this highway to the municipal boundary of the City of
Hazlehurst where it turns east and follows the municipal
boundary of the City of Hazlehurst until it intersects with County
Road 293. The District line then follows CR 293 north to its
intersection with U. S. Highway 23 (GA 19) where it proceeds
northwest to the intersection of U. S. Highway 221 (GA 135) and
Georgia Highway 268. The District line then follows GA 268 to its
intersection with County Road 8 and then follows County Road 8
to its intersection with County Road 10. The District line then
follows County Road 10 south to its intersection with GA 268
where it proceeds southwest to the intersection with Georgia
GEORGIA LAWS 1983 SESSION
4337
Highway 107. The District line then follows GA 107 west to the
Coffee County line.
District Number 5:
Beginning at the intersection of the Coffee County line and
Georgia Highway 107 and proceeding east to the intersection with
Georgia Highway 268. The District line then follows GA 268
northeast to its intersection with County Road 10 where it follows
CR 10 to its intersection with County Road 8. The District line
then follows County Road 8 east to its intersection with GA 268
where it proceeds northeast to the intersection with U. S. High-
way 221 (GA 135). The District line then follows U. S. Highway
221 (GA 135) north to its intersection with the Southern Railroad
line. The District line then turns northwest and follows the
Railroad line to the municipal boundary of the City of Hazlehurst
where it turns northeast and follows the municipal boundary of
the City of Hazlehurst to its intersection with U. S. Highways 341
& 23 (GA 19 & 27). The District line then follows this Highway
northwest to the intersection with County Road 18 where it turns
north and follows CR 18 to its intersection with County Road 114.
The District line then follows CR 114 to its intersection with
County Road 185. The District line then proceeds northward
until it intersects with the Ocmulgee River.
Section 2. This Act shall become effective on January 1,1986.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Legal.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
Creating a Board of Commissioners of Jeff Davis County, approved
March 25,1958 (Ga. Laws 1958, page 3288) as amended; and for other
purposes.
4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 24th day of January, 1983.
Roger Byrd
Representative,
153rd District
Publishers Affidavit.
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 January 26, February 2, and February 9,1983.
This 14th day of February, 1983.
/s/ Thomas H. Purser
Editor and Publisher
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Lonnie V. Roberts
Notary Public.
My Commission Expires 11/5/84.
(Seal).
Approved March 18, 1983.
GEORGIA LAWS 1983 SESSION
4339
FLOYD COUNTY MERIT SYSTEM ADDITIONAL
EXEMPTION FROM COVERAGE, ETC.
No. 395 (House Bill No. 744).
AN ACT
To amend an Act known as the Floyd County Merit System Act,
approved April 9, 1969 (Ga. L. 1969, p. 2505), as amended, particu-
larly by an Act approved April 6,1981 (Ga. L. 1981, p. 3638), so as to
provide an additional exemption from coverage under the merit
system; to change who certifies the results of certain elections for
members of the board of the merit system; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Floyd County Merit System
Act, approved April 9, 1969 (Ga. L. 1969, p. 2505), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3638), is
amended by adding at the end of the listing of exceptions in the first
undesignated paragraph of Section 2 thereof the following:
(x) The Chief Tax Assessor of Floyd County.
Section 2. Said Act is further amended by striking from para-
graph (2) of subsection (d) of Section 3 thereof the following:
Senior Superior Court Judge of the Rome Judicial Circuit,
and inserting in its place the following:
election superintendent of Floyd County,
so that when so amended, said paragraph shall read as follows:
(2) Within 30 days after April 6,1981, 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
4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 election superin-
tendent of Floyd County and entered upon the minutes of the
governing authority of Floyd County.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating a merit system for the government of Floyd County,
approved April 9, 1969 (Ga. L. 1969, p. 2505), as amended, particu-
larly by an Act approved April 6,1981 (Ga. L. 1981, p. 3638); and for
other purposes.
This 29th day of January, 1983.
John Adams
Representative,
16th District
Buddy Childers
15th District, Post 1
Forrest McKelvey
15th District, Post 2
Ed Hine
Senator,
52nd District
GEORGIA LAWS 1983 SESSION
4341
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Adams, who, on oath, deposes
and says that he is Representative from the 16th 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: February 3,10,17,1983.
/s/ John Adams
Representative,
16th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
CITY OF DOERUN CHARTER AMENDED.
No. 396 (House Bill No. 730).
AN ACT
To amend an Act providing a new charter for the City of Doerun in
Colquitt County, approved April 28,1975 (Ga. L. 1975, p. 4690), so as
to correct an error; to provide for the time of election of the mayor and
council members; to repeal conflicting laws; and for other purposes.
4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Doerun
in Colquitt County, approved April 28,1975 (Ga. L. 1975, p. 4690), is
amended by striking Section 5.10 which reads as follows:
Section 5.10. Regular Elections. On the first Saturday in
December of odd-numbered years, two councilmen from posts one
and two and the mayor shall be elected to serve for two years. On the
first Saturday in December of even-numbered years, three council-
men from posts three, four and five shall be elected to serve for two
years. Any person to be elected to office must receive a majority of
the votes. In the event no candidate receives the highest number of
votes, the two candidates receiving the highest number of votes will
be in a runoff 14 days after the regular election. In all future elections,
candidates must qualify for posts which they wish to occupy; Post #1
now being held by R. E. Etheridge; Post #2 now being held by J. C.
Strickland, Jr.; Post #3 now being held by John Cole; Post #4 now
being held by C. W. Davidson; and Post #5 now being held by C. J.
Oakes. The term 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 Chapter.,
and inserting in its place a new Section 5.10 to read as follows:
Section 5.10. Regular Elections. On the first Saturday in
December of even-numbered years, two councilmen from posts one
and two and the mayor shall be elected to serve for two years. On the
first Saturday in December of odd-numbered years, three councilmen
from posts three, four and five shall be elected to serve for two years.
Any person to be elected to office must receive a majority of the votes.
In the event no candidate receives the highest number of votes, the
two candidates receiving the highest number of votes will be in a
runoff 14 days after the regular election. In all elections, candidates
must qualify for posts which they wish to occupy. The term 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.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
4343
Notice of Intent to Request the Introduction
of Local Legislation.
Notice is hereby given that the Mayor and Council of the City of
Doerun will ask Honorable Marcus Collins to introduce local legisla-
tion in the present session of the Georgia General Assembly to amend
the City Charter to change the sequence of offices and council posts to
be filled at each annual city election to conform to the pattern
prevailing until a recent charter change which inadvertently reversed
that sequence.
By Order of the Mayor and Council of the City of Doerun.
Publishers Affidavit.
Georgia, Colquitt County.
Before me, the undersigned, Notary Public, this day personally
came Gary W. Boley, who, being first duly sworn, according to law,
says that he is the publisher of The Weekly Moultrie Observer,
official newspaper published at Moultrie, in said county and state,
and that the publication, of which the annexed is a true copy, was
published in said paper on the 26th day of January and on the 2nd
and 9th days of February, 1983. As provided by law.
/s/ Gary W. Boley
Subscribed and sworn before me,
this 17th day of February, 1983.
/s/ Bobbie F. Brigman
Notary Public.
My Seal Expires January 16, 1987.
(Seal).
Approved March 18, 1983.
4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF JACKSON ^ VACANCIES IN OFFICE
OF MAYOR AND COUNCIL, ETC.
No. 397 (House Bill No. 722).
AN ACT
To amend an Act creating a new charter for the City of Jackson,
approved February 15,1952 (Ga. L. 1952, p. 2803), as amended, so as
to provide a procedure for declaring vacant the seat of a mayor or
councilman who removes from his ward or the city; to change the
maximum fine which may be imposed for violations of city ordi-
nances; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section L An Act creating a new charter for the City of Jackson,
approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended, is
amended by adding a new Section 6.1 to read as follows:
Section 6.1. If any councilman ceases to be a resident of the ward
from which he was elected or of the city or if the mayor ceases to be a
resident of the city, the council or the remaining members thereof
shall, after notice and opportunity for a hearing is given to such
officer, declare his office vacant.
Section 2. Said Act is further amended by striking from Section
30 the following:
five hundred dollars ($500.00),
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
4345
fifteen hundred dollars ($1,500.00),
so that when so amended said Section 30 shall read as follows:
Section 30. Said mayor and council shall have full power and
authority to prescribe by ordinance, from time to time, the several
penalties to be imposed for violations of the ordinances, rules, and
regulations of said city; such penalties not to exceed for any one such
violation a fine of more than fifteen hundred dollars ($1,500.00),
imprisonment in the city jail for a period of more than six (6) months,
or labor on the public works of the city for a period of more than six
(6) months, or all, part or any combination 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 1983
session of the General Assembly of Georgia, a bill to amend an act
creating a new charter for City of Jackson. Approved February 15,
1952 (Georgia laws 1952, page 2803). As amended; to provide for
related matter, to repeal conflicting laws, and for other purposes.
This the 24th day of January, 1983.
Bill Jones
Representative,
78th District
Affidavit.
I certify that I am publisher of the Jackson Progress-Argus a
weekly newspaper published in Jackson, Georgia in which all legal
4346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
notices of the County of Butts are published, and that the notice
shown attached was published in the issue of said newspaper dated
January 26, February 2, and 9.
/s/ W. Herman Cawthon
Publisher
Sworn to and subscribed before me,
this 15th day of February, 1983.
/s/ Cindy Cook
Notary Public, Georgia State at Large.
My Commission Expires November 28, 1986.
(Seal).
Approved March 18, 1983.
STATE COURT OF CARROLL COUNTY
COMPENSATION OF JUDGE AND SOLICITOR.
No. 398 (House Bill No. 712).
AN ACT
To amend an Act establishing the State Court of Carroll County,
approved December 21, 1897 (Ga. L. 1897, p. 438), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 3474)
and an Act approved April 6, 1981 (Ga. L. 1981, p. 3816), so as to
change the compensation of the judge and solicitor; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1983 SESSION
4347
Section 1. An Act establishing the State Court of Carroll
County, approved December 21, 1897 (Ga. L. 1897, p. 438), as
amended, particularly by an Act approved April 6,1981 (Ga. L. 1981,
p. 3474) and an Act approved April 6,1981 (Ga. L. 1981, p. 3816), is
amended by striking from subsection (b) of Section 4 of said Act the
following:
$20,000.00,
and inserting in lieu thereof the following:
$26,000.00,
so that when so amended subsection (b) of Section 4 shall read as
follows:
(b) The judge of the court shall receive an annual salary of
$26,000.00, payable in equal monthly installments from county
funds.
Section 2. Said Act is further amended by striking from sub-
section (a) of Section 7 the following:
$30,000.00,
and inserting in lieu thereof the following:
$36,000.00,
so that when so amended subsection (a) of Section 7 shall read as
follows:
(a) It shall be the duty of the solicitor of the State Court of
Carroll County to represent the state in all cases therein, and in all
cases in the Supreme Court carried from said state court to which the
state is a party. In case the solicitor of said state court cannot attend
to the duties of the same, the judges thereof shall appoint some
competent attorney to act as solicitor pro tempore. The solicitor of
said state court shall receive an annual salary of $36,000.00, to be paid
in equal monthly installments from funds of Carroll County. The
solicitor shall diligently and faithfully undertake to collect all fees,
fines, forfeitures, commissions, costs, allowances, penalties, funds,
moneys, and all other emoluments and perquisites formerly allowed
4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as compensation for services in any capacity in his office, and shall
receive and hold the same in trust for said county as public moneys
and shall pay the same into the county treasury on or before the
fifteenth day of each month next following the month in which they
were collected or received. At the time of each such monthly payment
into the county treasury, said officer shall furnish the governing
authority of the county a detailed, itemized statement, under oath, of
all such funds received during the preceding month by said officer
and paid into the county treasury. The statement shall show the
respective amounts of money collected and the source thereof. The
solicitor of said state court, before entering upon the discharge of his
duties, shall, in addition to the oath required of all civil offices, take
and subscribe the following oath:
I do solemnly swear that I will faithfully and impartially, and
without fear, favor or affection, discharge the duties of the office
of solicitor of the State Court of Carroll County, so help me God.
Section 2. This Act shall become effective on the first day 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
1983 session of the General Assembly of Georgia a bill to amend the
Act creating a City Court of Carrollton, now known as the State Court
of Carroll County, as amended, so as to change the compensation of
the Judge of said court; and for other purposes.
This 11th day of January, 1983.
/s/ Charles A. Thomas, Jr.
/s/ Gerald L. Johnson
/s/ Wayne Garner
GEORGIA LAWS 1983 SESSION
4349
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January
1983 session of the General Assembly of Georgia a bill to amend the
Act creating a City Court of Carrollton, now known as the State Court
of Carroll County, as amended, so as to change the compensation of
the Solicitor of said court; and for other purposes.
This 11th day of January, 1983.
/s/ Charles A. Thomas, Jr.
/s/ Gerald L. Johnson
/s/ Wayne Garner
Affidavit.
Georgia, Carroll County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Daily-Times Georgian legal organ for Carroll
County. The following dates, to-wit: Jan. 13, Jan. 20, Jan. 27 and Feb.
3.
Sworn to on the 11th day
of February, 1983.
/s/ Stanley Parkman
Publisher
4350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
on the 16th day of February, 1983.
/s/ Linda W. Jeter
Notary Public.
Approved March 18, 1983.
PROBATE COURT OF NEWTON COUNTY PROCEDURE
IN PROSECUTIONS FOR VIOLATIONS OF COUNTY
ORDINANCES.
No. 399 (House Bill No. 710).
AN ACT
To amend an Act relating to jurisdiction of the Newton County
probate court over violations of ordinances of Newton County,
approved April 12,1982 (Ga. L. 1982, p. 4441), so as to provide that
prosecutions shall be commenced by a citation completed and served
by any authorized agent of the 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 relating to jurisdiction of the Newton County
probate court over violations of ordinances of Newton County,
approved April 12,1982 (Ga. L. 1982, p. 4441), is amended by striking
Section 2 which reads as follows:
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.,
GEORGIA LAWS 1983 SESSION
4351
and inserting in its place a new Section 2 to read as follows:
Section 2. The county attorney or such other attorney as the
county governing authority may designate shall be the prosecuting
attorney.
Section 2. Said Act is further amended by striking Section 5
which reads as follows:
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.,
and inserting in its place a new Section 5 to read as follows:
Section 5. (a) The probate judge shall develop a citation form for
the prosecution of any county ordinances in the probate court.
(b) Each citation shall state the time and place at which the
accused is to appear for trial, shall identify the offense with which the
accused is charged, shall have an identifying number by which it shall
be filed with the court, shall indicate the identity of the accused and
the date of service, and shall be signed by the county agent who
completes and serves it.
(c) Prosecutions for violations of county ordinances shall be
commenced by the completion, signing, and service of a citation by
any agent of the county who is authorized by the county governing
authority to issue citations. The original of the citation shall be
personally served upon the accused; and copies shall promptly be
filed with the court and the prosecuting attorney.
(d) 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 3. Said Act is further amended by striking Section 6
which reads as follows:
4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.,
and inserting in its place a new Section 6 to read as follows:
Section 6. The sheriff of Newton County shall 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 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.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
relating to jurisdiction of the Newton County probate court over
violations of ordinances of Newton County, approved April 12,1982
(Ga. L. 1982, p. 4441); to provide for related matters; to repeal
conflicting laws; and for other purposes.
This 20th day of January, 1983.
Denny M. Dobbs
E. Roy Lambert of the 66th
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 is Representative from the 66th District, and
GEORGIA LAWS 1983 SESSION
4353
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Covington News which is the official
organ of Newton County, on the following dates: January 27, Febru-
ary 3,10,1983.
/s/ E. Roy Lambert
Representative,
66th District
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
COBB COUNTY SHERIFF AND DEPUTIES
COMPENSATION.
No. 400 (House Bill No. 690).
AN ACT
To amend an Act changing the compensation of the clerk of the
superior court, the sheriff, and the judge of the Probate Court of Cobb
County from the fee system to the salary system, approved February
9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the
compensation provisions relating to the sheriff, the chief deputy
sheriff, the deputy sheriffs, and the chief investigator; to provide an
effective date; to repeal conflicting laws; and for other purposes.
4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the clerk of the
superior court, the sheriff, and the judge of the Probate Court of Cobb
County from the fee system to the salary system, approved February
9, 1949 (Ga. L. 1949, p. 427), 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) The salary of the sheriff of Cobb County shall
be $35,000.00 per annum, to be paid in equal monthly installments
from the funds of Cobb County.
(b) The sheriff of Cobb County shall have one chief deputy
whose salary shall be $31,000.00 per annum, to be paid in equal
monthly installments from the funds of Cobb County. Said chief
deputy shall offer for said office and be elected to same at the time as
the said sheriff offers for office and is elected. In the event the office
of sheriff becomes vacant by death, resignation, or otherwise, the
vacancy shall be filled for the remaining unexpired term thereof by
the said chief deputy who shall in such event enter upon the perfor-
mance of said duties upon taking the oath of office prescribed by law
for the sheriff of Cobb County. In addition to the said chief deputy,
the said sheriff shall be authorized and empowered to name and
appoint additional deputies as shall be approved from time to time by
the governing authority of Cobb County. The salaries of said addi-
tional deputies shall be set by the governing authority of Cobb
County; provided, however, that said salaries shall not be less than
$4,880.00 per annum per each additional deputy approved by the said
governing authority of Cobb County. In addition to the said chief
deputy and other deputies above provided for, the sheriff of Cobb
County shall be authorized and empowered to employ the clerical
help necessary to perform properly the functions and duties of his
office, provided that the number of employees and salaries or other
compensation to be paid to each shall first be approved by the
governing authority of Cobb County.
(c) In addition to those employees provided for by subsection (b)
of this section, there is created the office of chief investigator for Cobb
County. The chief investigator shall be appointed by the sheriff and
shall be under his direct supervision and control. The individual
appointed by the sheriff of Cobb County shall possess as a minimum a
high school education or the equivalent and be either a graduate of
GEORGIA LAWS 1983 SESSION
4355
the Federal Bureau of Investigations National Academy for Peace
Officers, or possess ten years of actual experience as a peace officer, or
be a graduate of a law school accredited by the Georgia Bar Associa-
tion, or a graduate of the Southern Police Institute School of Police
Management and Administration. The salary of the chief invest-
igator shall be $30,000.00 per annum, to be paid in equal monthly
installments from the funds of Cobb County.
Section 2. This Act shall become effective April 1,1983.
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 Janu-
ary-February 1983 session of the General Assembly of Georgia, a bill
to amend an Act changing the compensation of the Clerk of the
Superior Court, the Sheriff, and the Judge and the Clerk of the
Probate Court of Cobb County from the fee system to the salary
system, approved February 9,1949 (Ga. L. 1949, p. 428) as amended,
so as to change the compensation of the Sheriff, the Sheriffs Chief
Deputy, the Clerk of the Superior Court, the Deputy Clerk of the
Superior Court, the Judge of the Probate Court, and the Clerk of the
Probate Court; and for other purposes.
This 31st day of December, 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 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: December 31,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
GEORGIA LAWS 1983 SESSION
4357
WALTON COUNTY SHERIFF PERSONNEL OF
OFFICE, BENEFITS, ETC.
No. 401 (House Bill No. 660).
AN ACT
To amend an Act placing the sheriff of Walton County on a salary
in lieu of the fee system of compensation, approved June 30,1964 (Ga.
L. 1964, Ex. Sess., p. 2172), as amended, particularly by an Act
approved April 17,1975 (Ga. L. 1975, p. 3847), so as to change certain
provisions relative to the personnel of the sheriff; to provide addi-
tional compensation in the form of insurance and other benefits for
the sheriff and the sheriffs employees; 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 placing the sheriff of Walton County on a
salary in lieu of the fee system of compensation, approved June 30,
1964 (Ga. L. 1964, Ex. Sess., p. 2172), as amended, particularly by an
Act approved April 17, 1975 (Ga. L. 1975, p. 3847), is amended by
striking Section 4, relating to the personnel of the sheriff, in its
entirety and inserting in lieu thereof a new Section 4 to read as
follows:
Section 4. (a) The sheriff shall have the authority to appoint
deputy sheriffs with approval of the board of commissioners and such
other personnel as he shall deem necessary to discharge effectively
the official duties of his office; provided, however, that, said personnel
shall be classified as follows: chief deputy sheriff, regular deputy
sheriff, part-time deputy sheriff, radio operator, bookkeeper, jailer,
and investigator.
4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) There shall be one chief deputy sheriff who shall be desig-
nated by the sheriff. Said chief deputy sheriff shall receive an annual
salary of not less than $10,000.00, payable in equal monthly install-
ments from the funds of said county; provided, however, the sheriff
shall have authority to raise the salary of the chief deputy sheriff as he
shall deem proper each year prior to the time of submission of the
budget.
(c) The sheriff shall submit in writing to the governing authority
of said county the number of regular deputy sheriffs he deems
necessary to discharge effectively the official duties of his office,
including general law enforcement, service of all civil processes and
care of the jail facility, and state therein the starting salary of each.
The salary of each regular deputy sheriff shall not be less than $500.00
per month and shall be payable from the funds of said county as
designated by the sheriff. The sheriff shall have the authority to
increase the compensation of said deputy sheriffs to the amount he
shall deem to be fair and just compensation each year prior to the
time of submission of the budget. On notice to the board of commis-
sioners of Walton County by the sheriff of an increase in the compen-
sation of any such deputy sheriff, each year prior to the time of
submission of the budget, and with approval of the board of commis-
sioners, said increase shall be an obligation of Walton County and
shall be paid from the funds of Walton County.
(d) The sheriff shall have the authority to designate to the
governing authority persons who shall be employed in the sheriffs
office as radio operators or employed as bookkeepers. The position of
radio operator and bookkeeper, at the designation of the sheriff, may
be filled by the same person or there shall be one or more individuals
as the sheriff deems it necessary to discharge effectively the official
duties of his office. The salary of a radio operator and the salary of a
bookkeeper shall not be less than $400.00 per month and shall be
payable from the funds of said county as designated by the sheriff.
The sheriff shall have the authority to increase the compensation of a
radio operator and a bookkeeper to the amount he shall deem to be
fair and just compensation each year prior to the time of submission
of the budget. On notice to the board of commissioners of Walton
County by the sheriff of an increase in the compensation of such radio
operator and bookkeeper, and with approval of the board of commis-
sioners, said increase shall be an obligation of Walton County and
shall be paid from the funds of Walton County; provided, however, if
one or more persons hold the position of both radio operator and
GEORGIA LAWS 1983 SESSION
4359
bookkeeper, those persons shall be entitled to only one salary with the
increases designated by the sheriff.
(e) The sheriff shall have the authority to employ any number of
part-time deputy sheriffs which he deems necessary for the proper
functioning of his office and shall designate in writing to the board of
commissioners the name of each part-time deputy sheriff and the
compensation each part-time deputy sheriff is to receive. The
compensation of each part-time deputy sheriff shall be an obligation
of Walton County and shall be payable monthly from the funds of
Walton County.
(f) The sheriff shall have the authority to employ jailers for the
purpose of caring for the jail and the confinement of the prisoners
therein, together with any other duties pertinent thereto. The sheriff
shall have the authority to appoint the number of jailers necessary to
care for the jail and provide necessary and adequate supervision, care,
and control of the prisoners located therein. The salary of a jailer
shall not be less than $500.00 per month and shall be payable from the
funds of Walton County as designated by the sheriff. The sheriff
shall have the authority to increase the compensation of a jailer to the
amount he shall deem to be a fair and just compensation each year
prior to the time of submission of the budget. On notice to the board
of commissioners of Walton County by the sheriff of an increase in
the compensation of a jailer, and with approval of the board of
commissioners, said increase shall be an obligation of Walton County
and shall be paid from the funds of Walton County. In the event the
sheriff deems it necessary to the proper discharge of his office to have
more than one jailer, he shall have the right to designate one of the
jailers as chief jailer, naming his particular duties as opposed to the
duties of the other jailers.
(g) The sheriff shall have the authority to employ investigators
for the purpose of aiding him in the performance of the duties of his
office. The salary of an investigator shall not be less than $400.00 per
month and shall be payable from the funds of Walton County as
designated by the sheriff. The sheriff shall have the authority to
increase the compensation of an investigator to the amount he shall
deem to be a fair and just compensation each year prior to the time of
submission of the budget. On notice to the board of commissioners of
Walton County by the sheriff of an increase in the compensation of an
investigator, with approval of the board of commissioners of Walton
County, said increase shall be an obligation of Walton County and
4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be paid from the funds of Walton County. In the event the
sheriff deems it necessary for the proper discharge of his office to have
more than one investigator, he shall have the right to designate one of
the investigators as chief investigator and to designate his particular
duties as opposed to the duties of the other investigators.
Section 2. Said Act is further amended by adding after Section
4, relating to the personnel of the sheriff, a new section, to be
designated Section 4A, to read as follows:
Section 4A. (a) In addition to any other compensation pro-
vided by law for the sheriff and the personnel of his office, the board
of commissioners of Walton County shall pay the membership dues
required for membership in the Peace Officers Annuity and Benefit
Fund and shall provide group accident, sickness, and hospitalization
insurance and pay the cost of such insurance for the sheriff and the
personnel of the sheriffs office.
(b) As additional and deferred compensation, the board of com-
missioners of Walton County shall provide accident, sickness, and
hospitalization insurance and shall pay the premiums therefor for any
person who retires from service as sheriff or who otherwise ceases to
serve as sheriff and who has, at the time of retirement or otherwise
ceasing to serve as sheriff, a minimum of 20 years of total service as
sheriff or other law enforcement officer in Walton County. The board
of commissioners shall provide such insurance only until such person
becomes eligible for coverage under the federal medicare program or
other comparable program.
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
1983 session of the General Assembly of Georgia a bill to provide for
personnel within the sheriffs office to provide for the normal com-
GEORGIA LAWS 1983 SESSION
4361
pensation of such personnel and to provide an effective date; to repeal
conflicting laws; and for other purposes.
This 7th day of Jan. 1983.
Neal Jackson
Representative,
65th 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 January 13,20, and 27,1983.
/s/ James F. Milhous
Publisher
Sworn to and subscribed before me,
this 14 day of February, 1983.
/s/ Jean F. Head
Notary Public.
My Commission Expires April 20, 1985.
(Seal):
Approved March 18, 1983.
4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF VIDALIA CHARTER AMENDMENTS.
No. 402 (House Bill No. 469).
AN ACT
To amend an Act creating a new charter for the City of Vidalia,
approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended, so as to
change the provisions relating to fines that may be imposed for the
violation of the laws and ordinances of the city; to change the
provisions relating to wards for the election of councilmen; to change
the provisions relating to the election of 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 creating a new charter for the City of Vidalia,
approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended, is
amended by striking Section 6-7 in its entirety and substituting in
lieu thereof a new Section 6-7 to read as follows:
Section 6-7. Violations against city laws and ordinances; limita-
tions upon penalty. The mayor or recorder, as the case may be, 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 $500.00, by imprisonment in the city jail or guardhouse for
any term not exceeding 90 days, or by compulsory work not exceeding
90 days on the streets of the city and upon any of the public works of
said city, as the presiding officer of said court may direct.
Section 2. Said Act is further amended by striking Section 9-1
in its entirety and substituting in lieu thereof a new Section 9-1 to
read as follows:
Section 9-1. Division of city into wards. For the purposes of
electing four of the five councilmen of the city, the city is divided into
four wards, which shall be composed of the following territory:
FIRST WARD. The First Ward shall be bounded on the north by
the center line of North Street (State Highway No. 292) from the
GEORGIA LAWS 1983 SESSION
4363
city limits west to Washington Street; Thence south by the
center line of Washington Street to Second Avenue; Thence west
by the center line of Second Avenue to Lively Street turning
south. The west boundary shall be bounded by the center line of
Lively Street from Second Avenue south to North East Main
Street; Thence east by the center line of North East Main Street
to Broadfoot Boulevard; Thence south by the center line of
Broadfoot Boulevard to South East Main Street; Thence west by
the center line of South East Main Street to Queen Street;
Thence south by the center line of Queen Street to First Street
(U.S. Highway 280); Thence east by the center line of First Street
to Winona Street; Thence south by the center line of Winona
Street to Smith Street; Thence north by the center line of Smith
Street to Fifth Street; Thence east by the center line of Fifth
Street to Aimwell Road; Thence south by the center line of
Aimwell Road to the city limits. The south and east boundary
shall be bounded by the city limits from Aimwell Road east to
North Street (State Highway No. 292).
SECOND WARD. The Second Ward shall be bounded on the east
by the center line of Aimwell Road from the city limits north to
Fifth Street; Thence west by the center line of Fifth Street to
Smith Street; Thence south by the center line of Smith Street to
Winona Street; Thence north by the center line of Winona Street
to First Street (U.S. Highway 280); Thence west by the center
line of First Street to Queen Street; Thence north by the center
line of Queen Street to South East Main Street; Thence east by
the center line of South East Main Street to Broadfoot Boule-
vard; Thence north by the center line of Broadfoot Boulevard to
North East Main Street; Thence west by the center line of North
East Main Street to Lively Street; Thence north by the center
line of Lively Street to Second Avenue. The north boundary
shall be bounded by the center line of Second Avenue from
Lively Street to Morris Street; Thence north by the center line of
Morris Street to Jenkins Street turning west; Thence west by
center line of Jenkins Street to McIntosh Street; Thence south
by center line of McIntosh Street to Everett Street; Thence west
by the center line of Everett Street to Montgomery Street. The
west boundary shall be bounded by the center line of
Montgomery Street and Adams Street (State Highway No. 130)
from Everett Street south to the city limits. The south boundary
shall be bounded by the city limits from Adams Street east to
Aimwell Road.
4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THIRD WARD. The Third Ward shall be bounded to the south
by the center line of North Street (State Highway No. 292) from
the city limits west to Washington Street; Thence south by the
center line of Washington Street to Second Avenue; Thence west
by the center line of Second Avenue to Morris Street; Thence
north by the center line of Morris Street to Jenkins Street
turning west; Thence west by the center line of Jenkins Street to
McIntosh Street; Thence south by the center line of McIntosh
Street to Everett Street; Thence west by the center line of
Everett Street to Orange Street. The west boundary shall be
bounded by the center line of Orange Street from Everett Street
to West Street; Thence north by center line of West Street to
Toombs Street. The north boundary shall be bounded by the
center line of Toombs Street from West Street east to
Montgomery Street turning north; Thence north by the center
line of Montgomery Street to Locke Street; Thence east by the
center line of Locke Street to Thompson Street; Thence north by
the center line of Thompson Street to Locke Street turning east;
Thence east by the center line of Locke Street to McIntosh Street
(State Highway No. 297); Thence south by the center line of
McIntosh Street to Lang Street; Thence east by the center line of
Lang Street to Peacock Street; Thence north by the center line of
Peacock Street to Thirteenth Avenue; Thence east by the center
line of Thirteenth Avenue to Roosevelt Street; Thence south by
the center line of Roosevelt Street to North Street (State High-
way 292); Thence east by the center line of North Street to Loop
Road (State Highway No. 130); Thence east by the center line of
Loop Road to the city limits. The east boundary shall be
bounded by the city limits from Loop Road (State Highway No.
130) south to North Street (State Highway No. 292).
FOURTH WARD. The Fourth Ward shall be bounded to the east
by the center line of Adams Street (State Highway No. 130) and
Montgomery Street from the city limits north along Adams and
Montgomery Streets to Everett Street; Thence west by the
center line of Everett Street to Orange Street; Thence north by
the center line of Orange Street to West Street; Thence north by
the center line of West Street to Toombs Street; Thence east by
the center line of Toombs Street to Montgomery Street; Thence
north by the center line of Montgomery Street to Locke Street;
Thence east by the center line of Locke Street to Thompson
Street; Thence north by the center line of Thompson Street to
Locke Street turning east; Thence east by the center line of
GEORGIA LAWS 1983 SESSION
4365
Locke Street to McIntosh Street (State Highway No. 297);
Thence south by the center line of McIntosh Street to Lang
Street; Thence east by the center line of Lang Street to Peacock
Street; Thence north by the center line of Peacock Street to
Thirteenth Avenue; Thence east by the center line of Thirteenth
Avenue to Roosevelt Street; Thence south by the center line of
Roosevelt Street to North Street (State Highway No. 292);
Thence east by the center line of North Street to Loop Road
(State Highway No. 130); Thence east by the center line of Loop
Road to city limits. The north, west, and south boundary shall be
bounded by the city limits from Loop Road (State Highway No.
130) west to Adams Street (State Highway No. 130).
Section 3. Said Act is further amended by striking Section 9-3
in its entirety and substituting in lieu thereof a new Section 9-3 to
read as follows:
Section 9-3. Election requirements. The mayor and council-
man at large shall be elected by the voters of the entire city. The
councilman from each respective ward shall be elected by the voters
of that particular ward in which they reside as described in Section 9-
4.
Section 4. Section 1 of this Act shall become effective upon the
approval of this Act by the Governor or upon its becoming law
without his approval. Sections 2 and 3 of this Act shall be effective for
all elections for mayor and councilmen which are held after the
approval of this Act by the Governor or after it otherwise 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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating a new charter for the City of Vidalia, approved April 8,1968,
(Ga. Laws 1968, p. 3136), as amended, and for other purposes.
4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 11th day of January, 1983.
W. N. Rhodes
Mayor,
City of Vidalia
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 is Representative from the 120th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Lyons Progress which is the official organ of
Toombs County, on the following dates: January 13,20,27,1983.
M L. L. Pete Phillips
Representative,
120th District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
GEORGIA LAWS 1983 SESSION
4367
MAGISTRATES COURT OF DOUGLAS COUNTY
VACANCIES, HOW FILLED, ETC.
No. 430 (House Bill No. 782).
AN ACT
To amend an Act creating the Magistrates Court of Douglas
County, approved April 12, 1982 (Ga. L. 1982, p. 4659), so as to
provide that any vacancy in the office of magistrate shall be filled by
appointment by the judges of the superior court; to provide for
deputy magistrates and their jurisdiction; to provide the method of
review of decisions of the court; to provide for punishment of con-
tempt of court and for violation of county ordinances; to provide for
service of process and other duties to be performed by the sheriff of
Douglas County; to provide for the salaries of the magistrate and
deputy magistrates; 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 Magistrates Court of Douglas
County, approved April 12,1982 (Ga. L. 1982, p. 4659), is amended by
striking subsection (c) of Section 2 which reads as follows:
(c) The magistrate may practice law in other courts of this state
except with respect to cases which have been processed through the
magistrates court. The magistrate may be removed by the Governor
for malfeasance or misfeasance in office. Should a vacancy be caused
by the death, resignation, or removal of any magistrate, such vacancy
shall be filled by appointment of a successor by the grand jury of
Douglas County for the unexpired term. Any magistrate appointed to
fill such vacancy for the unexpired term shall have and exercise all the
powers and duties of the office and shall receive the compensation of
said office during his tenure.,
and inserting in its place a new subsection to read as follows:
(c) The magistrate may practice law in other courts of this state
except with respect to cases which have been processed through the
magistrates court. The magistrate may be removed by the Governor
4368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 judges of the
superior court 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 2. Said Act is further amended by striking Section 3
which reads as follows:
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.,
and inserting in its place a new section to read as follows:
Section 3. (a) 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.
(b) The deputy magistrates shall have jurisdiction over all mat-
ters within the jurisdiction of a justice of the peace court under the
general laws in effect on January 1,1983.
Section 3. Said Act is further amended by striking Section 6
which reads as follows:
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.,
GEORGIA LAWS 1983 SESSION
4369
and inserting in its place a new section to read as follows:
Section 6. (a) This court and the judge thereof shall have all
powers to do all acts which justices of the peace now are authorized to
do under the law of Georgia in effect on January 1, 1983, and shall
have jurisdiction as to subject matter to try and to dispose of all cases
where, in the law in effect on January 1,1983, 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.
(b) All proceedings and procedures, including, but not limited
to, those relative to pleadings, issuance of summons and warrants,
committal hearings, and trial by the court shall be the same as is on
January 1,1983, provided for justices of the peace and justice courts
under the laws of this state except as otherwise provided in this Act.
(c) Review of decisions of the court shall be by de novo appeal to
the Superior Court of Douglas County as provided in Chapter 3 of
Title 5 of the O.C.G. A. There shall be no jury trials or appeals to a jury
in the magistrates court.
(d) The magistrate and deputy magistrates shall have the power
to punish contempt of court by a fine of not more than $200.00 or
imprisonment for not more than 24 hours or both.
Section 4. Said Act is further amended by striking Section 9
which reads as follows:
Section 9. This court and the judge thereof shall also have
jurisdiction and power to conduct trials, receive pleas of guilty or of
nolo contendere, and impose sentence upon defendants charged with
a violation of any ordinance, law, or regulation adopted by the board
of commissioners of Douglas County which constitutes a misde-
meanor.,
and inserting in its place a new section to read as follows:
Section 9. This court and the judge thereof shall also have
jurisdiction and power to conduct trials, receive pleas of guilty or of
nolo contendere, and impose sentence upon defendants charged with
a violation of any ordinance, law, or regulation adopted by the board
of commissioners of Douglas County which constitutes a misde-
4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
meanor. The punishment imposed for any such violation shall not
exceed 90 days imprisonment or a fine of $1,000.00 or both and shall
not exceed the maximum specified in the ordinance, law, or regula-
tion.
Section 5. Said Act is further amended by striking Section 11
which reads as follows:
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.,
and inserting in its place a new section to read as follows:
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 the
laws of this state in effect on January 1,1983, for justice courts except
as otherwise provided in this Act.
Section 6. Said Act is further amended by striking Section 12
which reads as follows:
Section 12. In all matters pertaining to service, pleading, and
practice, the laws governing the justice court, where not inconsistent
with this Act and unless otherwise specifically provided by this Act,
shall be applicable to the Magistrates Court of Douglas County.,
and inserting in its place a new section to read as follows:
Section 12. In all matters pertaining to pleading and practice,
the laws governing the justice court in effect on January 1, 1983,
where not inconsistent with this Act and unless otherwise specifically
provided by this Act, shall be applicable to the Magistrates Court of
Douglas County.
Section 7. Said Act is further amended by striking Section 15
which reads as follows:
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
GEORGIA LAWS 1983 SESSION
4371
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.,
and inserting in its place a new section to read as follows:
Section 15. (a) 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 plus
costs of service of process 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.
(b) Process shall be served by the sheriff of Douglas County and
the cost of service shall be the same as in superior court.
(c) Any reference in this Act to duties performed by a constable
shall mean that those duties shall be performed by the sheriff of
Douglas County.
Section 8. Said Act is further amended by striking Section 16
which reads as follows:
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 16. The magistrate of said court shall receive a salary of
$1,250.00 per month, payable in equal monthly installments out of
the treasury of Douglas County. The deputy magistrates shall be
compensated from county funds and their salaries shall be set by the
county governing authority.
4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 9. This Act shall become effective on July 1,1983.
Section 10. 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 1983
session of the General Assembly of Georgia, a bill to amend an Act
relating to the Magistrates Court of Douglas County, approved April
12,1982 (Ga. L. 1982, p. 4659); and for other purposes.
This 15th day of January, 1983.
/s/ Thomas M. Kilgore
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas M. Kilgore, who, on oath,
deposes and says that he is Representative from the 42nd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Douglas County Sentinel which is
the official organ of Douglas County, on the following dates: January
20,27, and February 3,1983.
/s/ Thomas M. Kilgore
Representative,
42nd District
GEORGIA LAWS 1983 SESSION
4373
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
FULTON COUNTY MAGISTRATES HOW
APPOINTED.
No. 431 (House Bill No. 609).
AN ACT
To provide for the appointment of magistrates of Fulton County
to serve in the Magistrate Court of Fulton County which will be
created July 1, 1983, under the Constitution of 1982; to provide for
the initial magistrates; to provide for transfer of certain matters from
the State Court of Fulton County; to amend an Act creating the State
Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p.
3023), as amended, particularly by an Act approved March 25,1980
(Ga. L. 1980, p. 3735) and an Act approved April 6,1981 (Ga. L. 1981,
p. 3546), so as to repeal said 1980 and 1981 amendatory Acts relating
to magistrates of the State Court of Fulton County; to provide for
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The number of magistrates authorized for the Magis-
trate Court of Fulton County shall be three magistrates, but in
addition to said three magistrates there shall be for any period of time
4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
required by Article VI, Section X, Paragraph II of the Constitution
such number of additional magistrates as are continued in office by
said constitutional provision.
Section 2. (a) On the effective date of this Act the three persons
then holding office as magistrates of the State Court of Fulton County
shall take office as magistrates of the Magistrate Court of Fulton
County for terms expiring on December 31,1984. Successors to these
magistrates shall be selected by majority vote of the judges of the
State Court of Fulton County for terms as provided by general law.
(b) The chief magistrate shall be selected by majority vote of the
judges of the State Court of Fulton County.
(c) Any vacancy in the office of magistrate shall be filled for the
remainder of the unexpired term by majority vote of the judges of the
State Court of Fulton County.
Section 3. Any matter pending before a magistrate of the State
Court of Fulton County on July 1, 1983, shall on that date be
transferred by operation of law to the Magistrate Court of Fulton
County and shall be disposed of by the Magistrate Court of Fulton
County even if it would not otherwise be within the jurisdiction of
that court.
Section 4. An Act creating the State Court of Fulton County,
approved March 24,1976 (Ga. L. 1976, p. 3023), as amended, particu-
larly by an Act approved March 25,1980 (Ga. L. 1980, p. 3735) and an
Act approved April 6, 1981 (Ga. L. 1981, p. 3546), is amended by
repealing in their entirety said amendatory Acts of 1980 and 1981,
relating to magistrates of the State Court of Fulton County.
Section 5. This Act shall become effective July 1,1983.
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
1983 Session of the General Assembly of Georgia a local act concern-
ing a magistrate court in Fulton County, and for other purposes.
GEORGIA LAWS 1983 SESSION
4375
This the 26th of January, 1983.
John Tye Ferguson
Assistant County
Attorney,
Fulton County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Paul Bolster, who, on oath, deposes
and says that he is Representative from the 30th 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 27, February
3 and 10,1983.
/s/ Paul Bolster
Representative,
30th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 18, 1983.
4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ELECTION OF MAGISTRATES IN COBB COUNTY.
No. 432 (House Bill No. 806).
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 25, 1982 (Ga. L.
1982, p. 3621), so as to change the provisions relating to the compen-
sation of the magistrates; 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
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 25, 1982 (Ga. L.
1982, p. 3621), 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 magistrates shall be elected by the electors of Cobb
County. Each magistrate shall receive an annual salary of $27,878.00
to be paid in equal monthly installments from the funds of Cobb
County. The magistrates shall not engage in the practice of law.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
4377
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 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. 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Johnny Isakson, who, on oath,
deposes and says that he is Representative from the 21st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Marietta Daily Journal which is the
official organ of Cobb County, on the following dates: December 31,
1982, January 7,14,21,28,1983.
4378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Johnny Isakson
Representative,
21st District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 18, 1983.
CHATHAM COUNTY HOSPITAL AUTHORITY STUDY
COMMISSION CREATED.
No. 16 (House Resolution No. 292).
A RESOLUTION
Creating the Chatham County Hospital Authority Study Commis-
sion; and for other purposes.
WHEREAS, the Chatham County Hospital Authority performs
many vital functions for Chatham County and its citizens; and
WHEREAS, the composition of the board of the authority is of
extreme importance in performing those functions; and
WHEREAS, the manner of filling vacancies on the board was
established in 1969 and may now need revising.
GEORGIA LAWS 1983 SESSION
4379
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is created the Chatham
County Hospital Authority Study Commission to be composed of ten
members, five to be selected by the House delegation and five to be
selected by the Senate delegation of the General Assembly which
represents Chatham County. The delegations shall, prior to May 1,
1983, appoint the members.
The ten appointees shall meet during the month of May and shall
elect one of their number as chairman.
This commission shall meet at the call of the chairman for future
meetings and shall adopt rules for its own governance. The members
of the commission shall receive no compensation or reimbursement of
any kind for performing any duty or function as a member of the
commission.
The Chatham County Hospital Authority and the Chatham
County Commission shall:
(1) Cooperate with this commission by furnishing, without
charge, reasonable secretarial and logistical assistance; and
(2) Make available to the commission the various records,
reports, interviews, and other data that may be required for the
commission to complete its assigned task.
BE IT FURTHER RESOLVED that the commission shall study
the current system of appointing members to the board of the
authority and shall study all aspects of indigent care provided by
entities over which the authority exercises responsibility. The com-
mission may study all issues relevant to and bearing on such topics.
From these studies the commission shall make a final report of its
findings and recommendations. Such report shall be submitted to the
Chatham County delegation to the General Assembly by December
31,1983.
Approved March 18,1983.
4380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION TO RICHARD WALTON.
No. 18 (House Resolution No. 105).
A RESOLUTION
Compensating Mr. Richard Walton; and for other purposes.
WHEREAS, on or about June 27,1978, Dawn M. Walton, age 3,
was walking with two other children and Mrs. Fannie Bolden across
Pryor Street at the corner of Mitchell Street in Atlanta, Georgia; and
WHEREAS, they were proceeding across the street with the walk
light and within the crosswalk when a van operated by an inmate of
the Stone Mountain Correctional Facility who was working for the
Georgia Police Academy under the jurisdiction of the Department of
Public Safety made a right turn onto Pryor Street and struck Dawn
Walton; and
WHEREAS, she suffered personal injuries totaling $5,560.00; and
WHEREAS, Mr. Richard Walton is the father of Dawn M.
Walton; and
WHEREAS, said accident occurred through no fault or negligence
on the part of Dawn Walton and it is only just and proper that Mr.
Richard Walton be compensated on behalf of Dawn M. Walton for
her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Georgia Police Academy is
authorized and directed to pay the sum of $5,560.00 to Mr. Richard
Walton on behalf of Dawn M. Walton as compensation as provided
above. Said sum shall be paid from funds appropriated to or available
to the Georgia Police Academy and shall be in full and complete
satisfaction of all claims against the state arising out of said occur-
rence.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
4381
COMPENSATION TO MARY D. REFFNER.
No. 20 (House Resolution No. 71).
A RESOLUTION
Compensating Mary D. Reffner; and for other purposes.
WHEREAS, on January 8, 1982, Mary D. Reffner parked her
motor vehicle at 229 Beaufort Road, Savannah, Georgia; and
WHEREAS, Frank F. Hill, Jr., an escapee from a county correc-
tional institute work detail, drove Mary D. Reffners motor vehicle
away and in so doing wrecked said motor vehicle; and
WHEREAS, Mary D. Reffner sustained $1,103.50 in damages to
the motor vehicle and was required to pay $65.00 in towing fees; and
WHEREAS, the accident occurred through no fault on the part of
Mary D. Reffner, and it is only fitting and proper that she be
reimbursed for the damages and loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Department of Offender Reha-
bilitation is authorized and directed to pay the sum of $1,168.50 to
Mary D. Reffner as compensation as provided above. Said sum shall
be paid from funds appropriated to or available to said department
and shall be in full and complete satisfaction of all claims against the
state arising out of said occurrence.
Approved March 29,1983.
4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
URGING RESOLUTION OF CONTROVERSY BETWEEN
CITY OF MARIETTA AND COBB COUNTY.
No. 21 (House Resolution No. 161).
A RESOLUTION
Relative to a continuing controversy between the City of Marietta
and Cobb County; and for other purposes.
WHEREAS, there has been a continuing controversy and dispute
between the City of Marietta and Cobb County Board of Education
regarding the annexation by the City of Marietta of certain properties
located in the unincorporated portions of Cobb County; and
WHEREAS, the Cobb County delegation to the General Assem-
bly recognizes that there are arguments existing on both sides of the
issue concerning the propriety of such annexation; and
WHEREAS, the continuing dispute between the City of Marietta
and the Cobb County Board of Education is not a healthy and
conducive atmosphere for the orderly and productive growth of both
the City of Marietta and Cobb County; and
WHEREAS, the Cobb County delegation to the General Assem-
bly desires to express its opinion and direction to the City of Marietta
and Cobb County Board of Education concerning the propriety of any
further annexations by the City of Marietta.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES:
(1) That it is the consensus of the Cobb County delegation that
the City of Marietta annex no further south than a line beginning
with the southerly limits of the City of Marietta and extending out
Windy Hill Road to its intersection with Powers Ferry Road as shown
in paragraph 3 below;
(2) That it is the consensus of the Cobb County delegation that
the City of Marietta annex no further south than Windy Hill Road at
the point that Windy Hill Road intersects with Powers Ferry Road;
GEORGIA LAWS 1983 SESSION
4383
(3) In order that there be no dispute as to the direction of the
Cobb County delegation, the following is the legal description of the
southerly line beyond which the delegation directs the City of Mari-
etta to refrain from annexing into its city limits:
BEGINNING at a point where the southwesterly property line of
Northwest Park Apartments and the present Marietta City Limit line
intersects the northwesterly right of way line of Smyrna-Roswell
Road; thence running northeasterly along said right of way line for a
distance of 2,677 feet, more or less, to a point where the present
Marietta city limit line crosses Smyrna-Roswell Road; thence running
southeasterly along the present Marietta city limit line to a point on
the southeasterly right of way line of Smyrna-Roswell Road; thence
continuing southeasterly along said city limit line for 610.9 feet to a
point; thence continuing southeasterly along said city limit line for
217.82 feet to a point; thence running southwesterly along said city
limit line for a distance of 334.45 feet to a point; thence running
southeasterly along said city limit line for 384.88 feet to a point;
thence continuing southeasterly along said city limit line a distance of
278.12 feet to the northwest corner of Land Lot 779 of the 17th
District; thence running south 0 degrees 15 55 east along the west
line of said land lot and the present Marietta city limit line for 417.98
feet to a point; thence running north 51 degrees 24 21 east along said
city limit line for 1444.49 feet to a point on the southwesterly right of
way line of Cobb Parkway (U.S. Highway #41); thence running south
38 degrees 19 45 east along the southwesterly right of way line of
Cobb Parkway (U.S. Hwy. #41) for 1710 feet, more or less, to a point;
thence running northeasterly for a distance of 200 feet to a point on
the northeasterly right of way line of Cobb Parkway; thence running
north 51 degrees 42 east along the present Marietta city limit line and
the southeasterly line of property now or formerly owned by
Federated Dept. Stores (Richway; for a distance of 1100 feet to a
point; thence running north 38 degrees 48 west along said city limit
line for a distance of 798 feet to a point; thence running north 51
degrees 46 east along said city limit line for a distance of 575.49 feet
to a point; thence running north 00 degrees 35 east along said city
limit line for 288.4 feet to a point on the new right of way line of
Windy Hill Road; thence continuing northerly to a point on the
centerline of Windy Hill Road; thence running easterly along the
centerline of Windy Hill Road and following the curvature thereof a
distance of 4,600 feet, more or less, to the intersection of Powers Ferry
Road;
4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) That the Cobb County delegation to the General Assembly
directs that the City of Marietta not annex the proposed new
Regional Shopping Mall to be built at Roberts Road and Interstate 75
North;
(5) That the Cobb County delegation to the General Assembly
directs that the City of Marietta not annex the property of the
Lockheed Aircraft Corporation;
(6) That the City of Marietta is encouraged and directed to
adopt a balanced annexations policy in all other facets of its growth so
as to balance its annexation in both commercial and residential
properties;
(7) That the City of Marietta and the Cobb County Board of
Education are encouraged to create a joint committee for the continu-
ous and frequent exchange of information regarding new proposed
annexations by the City of Marietta; and
(8) That should the City of Marietta annex south of the line
described in this resolution or annex the Regional Shopping Mall at
Roberts Road and Interstate 75 North or annex the property of the
Lockheed Aircraft Corporation, then the Cobb County delegation
intends by legislative Act to deannex any such properties at the next
session of the General Assembly of Georgia.
Approved March 29,1983.
COMPENSATION TO RICHARD B. CARNEY.
No. 22 (House Resolution No. 93).
A RESOLUTION
Compensating Mr. Richard B. Carney; and for other purposes.
WHEREAS, on April 4,1981, Mr. Richard B. Carney was driving
GEORGIA LAWS 1983 SESSION
4385
his pickup in a northerly direction on 1-75 and towing a 1969 Dodge
Dart race car; and
WHEREAS, when he approached Scruggs Road and 1-75, a piece
of concrete fell from the underpass and struck the top of the race car;
and
WHEREAS, the concrete scratched the windshield, knocked
paint off the hood and fender, and caused several dents in the top and
hood;and
WHEREAS, the paint on the race car was custom multicolored
paint; and
WHEREAS, the damage sustained by the race car amounted to
$1,701.06; and
WHEREAS, the accident occurred through no fault or negligence
on the part of Mr. Carney and it is only fitting and proper that he be
compensated therefor.
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 $1,701.06 to Mr. Richard
B. Carney as compensation as provided above. Said sum shall be paid
from funds appropriated to or available to said department and shall
be in full and complete satisfaction of all claims against the state
arising out of said occurrence.
Approved March 29,1983.
4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PERRY NEW CHARTER.
No. 444 (House Bill No. 280).
AN ACT
To reincorporate and provide a new charter for the City of Perry
in Houston County; to provide for the corporate limits of the city, the
powers of the city, the form and method of government of the city; the
administration of city affairs, the municipal court of the city, elec-
tions for city offices, taxation by the city, and the financial manage-
ment of the city; to provide for all related matters; to repeal a specific
Act; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Article I
Incorporation and Powers
Section 1.10. Incorporation. The City of Perry in Houston
County is reincorporated by the enactment of this charter and is
constituted and declared a body politic and corporate under the name
of the City of Perry. References in this charter to the city or this
city refer to the City of Perry. The city shall have perpetual
existence.
Sectionl.il. Corporate boundaries, (a) The boundaries of
this city shall be those existing on the effective date of the adoption of
this charter with such alterations as may be made from time to time
by local law or 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 mayor of the city and to be designated, as the case
may be: Official Map or Description of the Corporate Limits of the
City of Perry, Georgia. Photographic, typed, or other copies of such
map or description certified by the mayor shall be admitted as
evidence in all courts and shall have the same force and effect as the
original map or description.
GEORGIA LAWS 1983 SESSION
4387
(b) The city council may provide for the redrawing of any such
map by ordinance to reflect lawful changes in the corporate bound-
aries. A redrawn map shall supersede for all purposes the earlier map
or maps which it is designated to replace but such earlier maps shall
be retained in the office of the mayor.
Section 1.12. Powers and construction, (a) This city shall
have all powers possible for a city to have under the present or future
Constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter.
(b) The powers of this city shall be construed liberally in favor of
the city. The specific mention or failure to mention particular powers
shall not be construed as limiting in any way the powers of this city.
Section 1.13. Examples of powers. The powers of this city shall
include, but are not limited to, the following powers:
(1) Ad valorem taxation: to levy, assess, and collect ad
valorem taxes on all taxable property in the city;
(2) Other taxes: to levy, assess, and collect other taxes
allowed by general law;
(3) Business regulation and taxation: to levy, assess, and
collect occupational and business taxes and to license and regulate
occupations and businesses;
(4) Appropriations: to make appropriations and expend
funds for support of the city and any other lawful purpose;
(5) Municipal debts: to borrow money and issue bonds as
authorized by general law;
(6) Property: to own property and interests in property;
(7) Gifts: to accept gifts and grants for any purpose related
to the powers and duties of the city on such terms as the donor
may impose;
(8) Condemnation: to condemn property inside or outside
the city for present or future use;
4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(9) Municipal utilities: to acquire, lease, operate, and dis-
pose of public utilities;
(10) Public utilities: to grant franchises or make contracts
for public utilities and to prescribe the conditions of such fran-
chises and contracts;
(11) Roadways: to open, maintain, improve, and close
streets and roads and to grant franchises and rights of way
thereon;
(12) Public facilities: to acquire, operate, and dispose of
public buildings, public projects, parks, cemeteries, golf courses,
and other public improvements inside or outside the city;
(13) Sidewalk maintenance: to require real-estate owners to
repair and maintain sidewalks adjoining their land;
(14) Building regulation: to regulate the building trades and
the construction of buildings and to adopt and enforce building,
housing, plumbing, electrical, gas, heating, and air-conditioning
codes;
(15) Planning and zoning: to provide for city planning by
zoning, subdivision regulation, and the like;
(16) Police power: to exercise the police power for the public
safety and well-being of the city;
(17) Roadside regulation: to prohibit or regulate signs, bill-
boards, and other items upon or adjacent to streets and roads;
(18) Health: to prescribe and enforce health and sanitation
standards;
(19) Pollution: to regulate emissions which pollute the air
and water;
(20) Fire safety: to fix fire limits and to prescribe and
enforce fire-safety regulations;
(21) Public hazards: to provide for the destruction or
removal of public hazards;
GEORGIA LAWS 1983 SESSION
4389
(22) Waste disposal: to provide for and regulate the collec-
tion, disposal, and recycling of garbage and wastes;
(23) Garbage fees: to fix and collect garbage fees;
(24) Sewer fees: to fix and collect sewer fees;
(25) Nuisances: to define and provide for the abatement of
nuisances;
(26) Property protection: to preserve and protect the prop-
erty of the city;
(27) Prisoners: to provide for public work by municipal
prisoners and for their confinement;
(28) Animal control: to regulate or prohibit the keeping of
animals;
(29) Motor vehicles: to regulate the operation and parking
of motor vehicles;
(30) Taxicabs: to regulate vehicles operated for hire in the
city;
(31) Pensions: to provide and maintain a system of pensions
and retirement for city employees and officers;
(32) Special assessments: to levy, assess, and collect special
assessments to cover the cost of public improvements;
(33) Contracts: to enter into lawful contracts and agree-
ments;
(34) City agencies: to create, alter, or abolish departments,
boards, offices, commissions, and agencies of the city and to confer
appropriate authority upon them;
(35) Penalties: to provide penalties for violations of munici-
pal ordinances;
(36) Police and fire protection: to exercise the power of
arrest through appointed policemen and to operate a fire depart-
ment;
4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(37) Emergencies: to provide for the determining, procla-
mation, and combatting of emergencies;
(38) Urban redevelopment: to organize and operate an
urban redevelopment program;
(39) Public transportation: to organize and operate public
transportation systems;
(40) General health, safety, and welfare: to define, regulate,
and prohibit any act, practice, conduct, or use of property which is
detrimental to health, sanitation, cleanliness, welfare, and safety
of the inhabitants of the city; and
(41) Other powers: to exercise and enjoy all other powers,
functions, rights, privileges, and immunities necessary or desir-
able to promote or protect the safety 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; 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.
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 the Consti-
tution of Georgia, by general law, or by this charter. If general law and
this charter make no provision, such shall be carried into execution as
provided by ordinance.
Article II
Government Structure
Section 2.10. City council creation; composition; number; elec-
tion. The legislative authority of the government of this city, except
as otherwise specifically provided in this charter, shall be vested in a
city council to be composed of a mayor and six council members. The
mayor and council members shall be elected in the manner provided
by Article V of this charter.
GEORGIA LAWS 1983 SESSION
4391
Section 2.11. City council terms and qualification for
office. The members of the city council shall serve for terms of two
years and until their respective successors are elected and qualified.
No person shall be eligible to serve as mayor or council member unless
he or she is a qualified municipal voter and shall have been a resident
of the city for one year immediately prior to the date of his or her
election. The mayor and each council member shall continue to
reside therein during their period of service.
Section 2.12. Vacancy; filling of vacancies, (a) The office of
mayor or council member shall become vacant upon the incumbents
death, resignation, forfeiture of office, or removal from office in any
manner authorized by this charter or the general laws of the State of
Georgia.
(b) A vacancy in the office of mayor or council member shall be
filled for the remainder of the unexpired term, if any, as provided for
in Article V.
Section 2.13. Compensation and expenses, (a) Until changed as
provided in subsection (b) the mayor and council members shall
continue to receive the same compensation to which they were
entitled immediately prior to the effective date of this charter.
(b) The compensation of the mayor and council members may
be changed by ordinance; but any increase shall be subject to Code
Section 36-35-4 or any similar law hereafter enacted.
(c) 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. Except as authorized by
general state law, the mayor or any council member shall not hold any
other city office or city employment during the term for which he or
she was elected.
Section 2.15. 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
4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with the proper discharge of his or her official duties or which
would tend to impair his or her independence of judgment or
action in the performance of his or her official duties;
(2) Engage in or accept private employment or render ser-
vices for private interests when such employment or service is
incompatible with the proper discharge of his or her official duties
or would tend to impair the independence of his or her judgment
or action in the performance of his or her official duties;
(3) Disclose confidential information concerning the prop-
erty, government, or affairs of the governmental body by which he
or she is engaged without proper legal authorization, or use such
information to advance the financial or other private interest of
himself or herself 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 or her knowledge is interested, directly or indirectly,
in business dealings with the governmental body by which he or
she is engaged; provided, however, that an elected official who is a
candidate for public office may accept campaign contributions
and services in connection with any such campaign;
(5) Represent other private interests in any action or pro-
ceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or the
making of any contract with any business or entity in which he or
she has a financial interest.
(b) 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 or she shall disqualify himself or herself 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
GEORGIA LAWS 1983 SESSION
4393
entity shall disclose such private interest to the governing body of
such agency or entity.
(c) 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, conve-
nience, or profit, except in accordance with policies promulgated by
the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowl-
edge, 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) (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 or her office or position.
(2) Any officer or employee of the city who shall forfeit his
or her office or position as described in paragraph (1) above, shall
be ineligible for appointment or election to, or employment in, a
position in the city government for a period of three years there-
after.
Section 2.16. Inquiries and investigations. The city council
may make inquiries and investigations into the affairs of the city and
the conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or
refuses to obey a 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
vested with all the powers of government of this city as provided by
Article I.
Section 2.18. Organization meeting. The city council shall
meet for organization on the first Tuesday in January of each year or
as soon thereafter as practicable. 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:
4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 times and places as
prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the
mayor or three members of the city council. Notice of such special
meetings shall be served on all other members personally, or by
telephone personally, at least 24 hours in advance of the meeting.
Such notice to council members shall not be required if the mayor and
all council members are present when the special meeting is called.
Such notice of any special meeting may be waived by a council
member in writing before or after such a meeting, and attendance at
the meeting shall also constitute a waiver of notice on any business
transacted in such council members presence. Except where waiver
by all members is effected by their presence or in writing, 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 all meetings
shall be made as required by general state law.
Section 2.20. Rules of procedure, (a) 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 minutes of its
proceedings, which shall be a public record.
(b) All committees and committee chairmen and officers of the
city council shall be appointed by the mayor. The mayor shall have
the power to remove members of any committee and the power to
appoint new members to any committee, at any time, within the
mayors discretion.
Section 2.21. Quorum; voting. Three council members and the
mayor or mayor pro tempore shall constitute a quorum and shall be
authorized to transact business of the city council. Voting on the
adoption or ordinances shall be taken by voice vote and the ayes and
nays shall be recorded in the minutes, but any member of the city
GEORGIA LAWS 1983 SESSION
4395
council shall have the right to request a roll-call vote. The affirmative
vote of a majority of the votes cast shall be required for the adoption
of any ordinance, resolution, or motion except as otherwise provided
in this charter. The mayor, or mayor pro tempore if presiding, shall
be entitled to vote only in the case of a tie.
Section 2.22. Ordinance form; procedure, (a) Every proposed
ordinance shall be introduced in writing and in the form required for
final adoption. The enacting clause shall be: The Council of the City
of Perry 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.
(c) Upon passage, all ordinances shall be signed by the mayor, or
mayor pro tempore if presiding, and the city clerk.
(d) Failure to comply with the technical requirements of this
section shall not invalidate an ordinance if the intention of the
governing authority that the ordinance be effective is evident.
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.
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 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. 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
4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the same manner specified in this section for adoption of emer-
gency ordinances.
Section 2.25. Codes of technical regulations, (a) The city
council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and
requirements governing such adopting ordinance shall be as pre-
scribed for ordinances generally.
(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 or her 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 and shall be published as soon as is practicable, 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 Perry, Georgia. Copies of the code shall be furnished to all
officers, departments, and agencies of the city, and made available for
purchase by the public at a reasonable price as fixed by the city
council.
(c) The city council shall cause each ordinance and each amend-
ment to this charter to be published as soon as is practicable following
its adoption, and the published 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 ordi-
nances 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.
GEORGIA LAWS 1983 SESSION
4397
Section 2.27. Election of mayor; forfeiture; compensa-
tion. The mayor shall be elected and serve for a term of two years
and until his or her successor is elected and qualified. He or she shall
be a qualified elector of this city and shall have been a resident of this
city for at least one year immediately preceding his or her election.
He or she shall continue to reside in this city during the period of his
or her service. He or she shall forfeit his or her 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.
Section 2.28. Chief executive officer. The mayor shall be the
chief executive of this city. He or she shall possess all of the executive
and administrative powers granted to the city under the Constitution
and laws of the State of Georgia, and all the executive and administra-
tive powers contained in this charter.
Section 2.29. Powers and duties of mayor. As the chief exec-
utive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully
executed;
(2) Preside at all meetings of the mayor and council and
have the right to take part in the deliberations of said board, but
shall not vote on any question except in the case of a tie;
(3) Sign all deeds and contracts, except deeds for property
sold under execution at public sale;
(4) Co-sign, along with the city clerk, all checks for the
payment of money, after payment of unpaid invoices, bills, and
vouchers is approved by the mayor and council and approval for
payment has been entered upon the minutes of the city;
(5) Be clothed with veto power as hereinafter set out;
(6) Keep the council advised from time to time of the
general condition of the city and recommend such measures as he
or she may deem necessary or expedient for the welfare of the city;
and
4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) Call the council together at any time when deemed
necessary by him or her.
Section 2.30. Mayor pro tempore. The city council shall elect by
a majority vote from among its members a mayor pro tempore who
shall assume the duties and powers of the mayor upon the mayors
disability or absence.
Section 2.31. Veto power. Every ordinance and resolution
passed and every election of an officer or employee by the mayor and
council shall be subject to the veto of the mayor in the following
manner: The mayor shall within three days write out his or her
objections to such resolution, ordinance, or election and the mayor
and council shall, at the next regular or called meeting at which a
quorum shall be present, order said objections entered on the minutes
and take a vote on the question as to whether said ordinance,
resolution, or other action shall become adopted over said veto.
Should as many as four council members vote in the affirmative, said
resolution, ordinance, or other action shall stand affirmed and
become effective without the approval of the mayor; otherwise, not.
The ayes and nays shall in all cases be entered on the minutes.
Article III
Administrative Affairs
Section 3.10. Administrative and service departments, (a)
Except as otherwise provided in this charter, the city council, by
ordinance, shall prescribe the functions or duties 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 or federal 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 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 mayor and council, be responsible for
GEORGIA LAWS 1983 SESSION
4399
the administration and direction of the affairs and operations of his or
her department or agency.
Section 3.11. Boards, commissions, and authorities, (a) The
city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legisla-
tive functions as the city council deems necessary and shall by
ordinance establish the composition, period of existence, duties, and
powers thereof.
(b) All members of boards, commissions, and authorities of the
city shall be appointed by the city council for such terms of office and
in such manner as shall be provided by ordinance, except where other
appointing authority, term of office, or manner of appointment is
prescribed by this charter or general state law.
(c) The city council, by ordinance, may provide for the compen-
sation and reimbursement for actual and necessary expenses of the
members of any board, commission, or authority.
(d) Except as specifically authorized by general law, 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 char-
ter, by general law, or by ordinance.
(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 obligating himself or herself to faithfully and impartially
perform the duties of his or her office, such oath to be prescribed by
ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be
removed from office for cause by a majority vote 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 one member as secretary. Each board, commission, or authority
of the city government may establish such bylaws, rules, and regula-
4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tions, not inconsistent with this charter, ordinances of the city, or
general state law, as it deems appropriate and necessary for the
fulfillment of its duties or the conduct of its affairs, copies of which
shall be filed with the clerk of the city.
Section 3.12. City attorney. The city council shall appoint a
city attorney, together with such assistant city attorneys as may be
authorized, and shall provide for the payment of such attorney or
attorneys for services rendered to the city. The city attorney shall be
responsible for representing and defending the city in all litigation in
which the city is a party; may be the prosecuting officer in the
municipal court; shall attend the meetings of the council as directed;
shall advise the city council, mayor, and other officers and employees
of the city concerning legal aspects of the citys affairs; and shall
perform such other duties as may be required of him or her by virtue
of his or her position as city attorney.
Section 3.13. City clerk. The city council shall appoint a city
clerk who shall not be a council member. The city clerk shall be
custodian of the official city seal, maintain city council records
required by this charter, and perform such other duties as may be
required by the city council.
Section 3.14. City treasurer. The city council shall appoint a
city treasurer to perform the duties of a treasurer and fiscal officer.
Section 3.15. Personnel policies. The city council may adopt
rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary
periods of employment;
(2) The administration of a position classification and pay
plan, methods of promotion and application of service ratings
thereto, and transfer of employees within the classification plan;
(3) Hours of work, vacation, sick leave and other leaves of
absence, overtime pay, and the order and manner in which layoff
shall be effected;
(4) Such dismissal hearings as due process may require; and
GEORGIA LAWS 1983 SESSION
4401
(5) Such other personnel policies as may be necessary to
provide for adequate and systematic handling of personnel affairs.
Article IV
Judicial Branch
Section 4.10. Creation; name. There shall be a court to be
known as the Municipal Court of the City of Perry.
Section 4.11. Chief judge; associate judge, (a) The municipal
court shall be presided over by a chief judge and such part-time, full-
time, or stand-by associate judges as shall be provided by ordinance.
The method of selection and terms of such judges shall be provided by
ordinance.
(b) No person shall be qualified or eligible to serve as a judge on
the municipal court unless he or she shall have attained the age of 21
years. Members of the State Bar of Georgia shall be given preference
in selection. 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 four members
of the city council.
(e) Before entering on duties of his or her office, each judge shall
take an oath given by the mayor that he or she will honestly and
faithfully discharge the duties of his or her office to the best of his or
her ability without fear, favor, or partiality. The oath shall be entered
upon the minutes of the city council.
Section 4.12. Convening. The municipal court shall be con-
vened 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 $100.00 or 15 days in jail.
4402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The municipal court may fix punishment for offenses within
its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30
days or both or may sentence any offender upon conviction to labor
for the city on the streets, sidewalks, squares, or other public places
for a period not exceeding 60 days.
(d) The municipal court shall have authority to establish a
schedule of fees to defray the cost of operation and shall be entitled to
reimbursement of the cost of meals, transportation, and caretaking of
prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail
and recognizances to 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 or her appearance and shall fail to appear at the time fixed
for trial, his or her bond shall be forfeited by the judge presiding at
such time. In the event that cash or property is accepted in lieu of
bond for security for the appearance of a defendant at trial and if such
defendant fails to appear at the time and place fixed for trial the cash
so deposited shall be on order of the judge declared forfeited to the
city, or the property so deposited shall have a lien against it for the
value forfeited, which lien shall be enforceable in the same manner
and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the authority to bind prison-
ers over to the appropriate court when it appears by probable cause
that a state law has been violated.
(g) The municipal court shall have the same authority as supe-
rior courts to compel the production of evidence in the possession of
any party; to enforce obedience to its orders, judgments, and sen-
tences; and to administer such oaths as are necessary.
(h) The municipal court may compel the presence of all parties
necessary to a proper disposal of each case by the issuance of
summonses, subpoenas, and warrants which may be served as exe-
cuted by any officer as authorized by this charter or by general state
law. All judges of the municipal court and the city clerk are autho-
rized to issue warrants for the arrest of persons charged with offenses
against any ordinance of the city.
GEORGIA LAWS 1983 SESSION
4403
(i) Each judge of the municipal court shall have the same
authority as a justice of the peace to issue warrants for offenses
against state laws committed within the city.
(j) The municipal court is specifically vested with all of the
jurisdiction and powers throughout the entire area of this city granted
by general state laws to mayors, recorders, and police courts, and
particularly by such laws as authorize the abatement of nuisances and
prosecution of traffic violations.
Section 4.14. Certiorari. The right of certiorari from the
decision and judgment of the municipal court shall exist in all
criminal cases, and such certiorari shall be obtained under the
sanction of a judge of the Superior Court of Houston County under
the laws of the State of Georgia regulating the granting and issuance
of writs of certiorari.
Section 4.15. Rules for court. With the approval of the city
council, the judge shall have full power and authority to make
reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; pro-
vided, however, that the city council may adopt in part or in toto the
rules and regulations for procedure in the superior court under the
general laws of the State of Georgia. The rules and regulations made
or adopted shall be filed with the city clerk, shall be available for
public inspection and, upon request, a copy shall be furnished to all
defendants in municipal court proceedings.
Article V
Elections
Section 5.10. Applicability of general law. All primaries and
elections shall be held and conducted in accordance with the Georgia
Municipal Election Code, as now or hereafter amended.
Section 5.11. Regular elections; time for holding, (a) On the
first Tuesday in December, 1983, and on that day annually thereafter,
there shall be an election for successors to the council members and
mayor, if applicable, whose terms will expire the following January.
The terms of office shall begin at the time of taking the oath of office
as provided in Section 2.18 of this charter.
4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The mayor and the council members from Posts 4, 5, and 6
shall be elected in 1984 and in every even-numbered year thereafter.
(c) The council members from Posts 1, 2, and 3 shall be elected
in 1983 and in every odd-numbered year thereafter.
(d) The mayor and council members in office on the effective
date of this charter shall remain in office until their successors are
elected and take office as provided in this charter.
Section 5.12. Special elections; vacancies. In the event that the
office of mayor or council member shall become vacant for any cause
whatsoever, the city council or those remaining shall order a special
election to fill the balance of the unexpired term of such office.
However, if such a vacancy occurs within six months of the expiration
of the term of that office, the city council or those remaining shall by
majority vote 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.
Section 5.13. Nonpartisan elections. Political parties shall not
conduct primaries for city offices and all names of candidates for city
offices shall be listed without party labels.
Section 5.14. Election by plurality. The person receiving a
plurality of the votes cast for any city office shall be elected.
Article VI
Finance
Section 6.10. Property tax. The city council may assess, levy,
and collect an ad valorem tax on all real and personal property within
the corporate limits of the city that is subject to such taxation by the
state and county. This tax is for the purpose of raising revenues to
defray the costs of operating the city government, providing govern-
mental services, for the repayment of principal and interest on
general obligations, and for any other public purpose as determined
by the city council in its discretion.
Section 6.11. Millage rate; due dates; payment methods. The
city council, by ordinance, shall establish a millage rate for the city
property tax, a due date, and in what length of time these taxes must
be paid. The city council, by ordinance, may provide for the payment
GEORGIA LAWS 1983 SESSION
4405
of these taxes by installments or in one lump sum and may authorize
the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council,
by ordinance, shall have the power to levy such occupation or business
taxes as are not denied by general state law. Such taxes may be levied
on both individuals and corporations who transact business in this
city or who practice or offer to practice any profession or calling
therein to the extent such persons have a constitutionally sufficient
nexus to this city to be so taxed. The city council may classify
businesses, occupations, professions, or callings for the purpose of
such taxation in any way which may be lawful and compel the
payment of such taxes as provided in Section 6.18.
Section 6.13. Licenses; permits; fees. The city council, by
ordinance, shall have the power to require any individuals or corpora-
tions who transact business in this city or who practice or offer to
practice any profession or calling therein to obtain a license or permit
for such activity from the city and pay a reasonable fee for such
license or permit where such activities are not now regulated by
general state law in such a way as to preclude city regulation. Such
fees, if unpaid, shall be collected as provided in Section 6.18. The city
council, by ordinance, may establish reasonable requirements for
obtaining or keeping such licenses as the public health, safety, and
welfare necessitates.
Section 6.14. Franchises. The city council shall have the power
to grant franchises for the use of the citys streets and alleys for the
purposes of railroads, street railways, telephone companies, electric
companies, cable television, gas companies, transportation compa-
nies, and other similar organizations. The city council shall deter-:
mine the duration, provisions, terms, whether the same shall be
exclusive or nonexclusive, and the consideration for such franchises.
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 services, or any other services rendered within
and without the corporate limits of the city. If unpaid, such charges
shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The city council, by ordi-
nance, shall have the power to assess and collect the cost of construct-
ing, reconstructing, widening, or improving any public way, street,
4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sidewalk, curbing, gutters, sewers, or other utility mains and appurte-
nances from the abutting property owners under such terms and
conditions as are reasonable. If unpaid, such charges shall be col-
lected as provided in Section 6.18.
Section 6.17. Construction; other taxes. This city shall be
empowered to levy any other tax allowed now or hereafter by state law
and the specific mention of any right, power, or authority in this
article shall not be construed as limiting in any way the general
powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city
council, by ordinance, may provide generally for the collection of
delinquent taxes, fees, or other revenue due the city by whatever
reasonable means as are not precluded by general state law. This
shall include providing for the dates when the taxes or fees are due,
late penalties or interest, issuance and execution of fi. fas., creation
and priority of liens, making delinquent taxes and fees personal debts
of the persons required to pay the taxes or fees imposed, revoking city
licenses for failure to pay any city taxes or fees, allowing exceptions
for hardship, and providing for the assignment or transfer of tax
executions.
Section 6.19. General obligation bonds. The city council shall
have the power to issue bonds for the purpose of raising revenue to
carry out any project, program, or venture authorized under this
charter or the general laws of the state. Such bonding authority shall
be exercised in accordance with the laws governing bond issuances by
municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by
the city council as state law now or hereafter provides. Such bonds
are to be paid out of any revenue produced by the project, program, or
venture for which they were issued.
Section 6.21. Short-term loans. Any short-term loan obtained
by the city must be repaid by December 31 of the year in which the
loan was obtained unless otherwise provided by present or future
state law.
Section 6.22. Fiscal year. The city council shall set the fiscal
year by ordinance. This fiscal year shall constitute the budget year
and the year for financial accounting and reporting of each and every
GEORGIA LAWS 1983 SESSION
4407
office, department, agency, and activity of the city government,
unless otherwise provided by general state or federal law.
Section 6.23. Action by city council on budget, (a) The city
council shall adopt and may thereafter amend an annual budget,
except that the budget as finally adopted and amended 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 budget
for the ensuing fiscal year not later than the first day of the fiscal year.
If the city council fails to adopt the budget by this date, the amounts
appropriated for operation for the current fiscal year shall be deemed
adopted for the ensuing fiscal year on a month-to-month basis, with
all items prorated accordingly until such time as the city council
adopts a budget for the ensuing fiscal year. Such adoption shall take
the form of an appropriations ordinance setting out the estimated
revenues in detail by sources and making appropriations according to
fund and by organizational unit, purpose, or activity.
(c) The amount set out in the adopted budget for each organiza-
tional 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 unless by a majority vote of the city
council.
Section 6.24. Tax levies. As the next order of business following
adoption of the budget, the city council shall levy, by ordinance, such
taxes as are necessary. The taxes and tax rates set by such ordinance
shall be such that reasonable estimates of revenues from such levy
shall at least be sufficient, together with other anticipated revenues,
fund balances, and applicable reserves, to equal the total amount
appropriated for each of the several funds set forth in the annual
operating budget for defraying the expenses of the general govern-
ment of this city.
Section 6.25. Changes in appropriations. The city council, by
majority vote, 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.
4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.26. Independent audit. There shall be an annual
independent audit of all city accounts, funds, and financial trans-
actions by a certified public accountant selected by the city council.
The audit shall be conducted according to generally accepted
accounting principles. Any audit of any funds by the state or federal
governments may be accepted as satisfying the requirements of this
charter. Copies of all audit reports shall be available at printing cost
to the public.
Section 6.27. Contracting procedures. No contract with the city
shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reviewed by the city
attorney; and
(3) It is made or authorized by the city council and such
approval is entered in the city council minutes.
Section 6.28. Centralized purchasing. The city council may
prescribe procedures for a system of centralized purchasing for the
city.
Section 6.29. 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.
(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 is
of 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
GEORGIA LAWS 1983 SESSION
4409
and conveyances heretofore and hereafter so executed and delivered
shall convey all title and interest the city has in such property,
notwithstanding the fact that no public sale after advertisement was
or is hereafter made.
Article VII
General Provisions
Section 7.10. 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 7.11. Prior ordinances. All ordinances, bylaws, rules,
and regulations now in force in the city not inconsistent with this
charter are declared valid and of full effect and force until amended or
repealed by the city council.
Section 7.12. Pending matters. Except as specifically provided
otherwise by this charter, all rights, claims, actions, orders, contracts,
and legal or administrative proceedings shall continue; and any such
ongoing work or cases shall be dealt with by such city agencies,
personnel, or office as may be provided by the city council.
Section 7.13. Repealer. An Act incorporating the City of Perry
in Houston County, approved March 29,1937 (Ga. L. 1937, p. 2029), 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.
Section 7.14. Effective date. This Act shall become effective on
July 1,1983.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, legislation to reincorpo-
rate and provide a new charter for the City of Perry in Houston
County; to provide for all related matters; to repeal conflicting laws;
and for other purposes.
4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 17th day of December, 1982.
Larry Walker
Representative,
District 115
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 is Representative from the 115th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Houston Home Journal which is the official
organ of Houston County, on the following dates: December 30,1982,
January 6,13,1983.
/s/ Larry Walker
Representative,
115th District
Sworn to and subscribed before me,
this 19th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
GEORGIA LAWS 1983 SESSION
4411
EDUCATION DISTRICTS OF COLUMBIA COUNTY
CHANGED REFERENDUM.
No. 454 (House Bill No. 538).
AN ACT
To amend an Act providing for the election of members of the
board of education of Columbia County, approved March 21, 1968
(Ga. L. 1968, p. 2708), as amended, so as to change the composition of
education districts; to provide for the manner of electing members
from new education districts; to provide for terms of office; to provide
for an orderly transition of office; to provide for other matters relative
to the foregoing; to provide for a referendum; to provide for the
submission of this Act to the attorney general of the United States; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the election of members of the
board of education of Columbia County, approved March 21, 1968
(Ga. L. 1968, p. 2708), 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 board of education of Columbia County shall be
composed of five members to be elected as hereinafter provided. For
the purposes of electing members of the board of education of
Columbia County, Columbia County is divided into five education
districts as follows:
Education District No. 1 shall be composed of all that land
within Columbia County, Georgia more particularly described as
follows: BEGINNING at a point where Washington Road inter-
sects Columbia Road; running thence in a northwesterly direction
along the centerline of Washington Road to Reed Creek; running
thence in an easterly direction down the thread of the stream of
Reed Creek to the centerline of Furys Ferry Road; running thence
in a northwesterly direction along the centerline of Furys Ferry
Road to Evans to Locks Road; running thence in a easterly
direction along the centerline of Evans to Locks Road to the
4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Savannah River; running thence in a northwesterly direction up
the thread of the Savannah River to its confluence with Uchee
Creek; running thence southerly up the thread of Uchee Creek to
its confluence with Tudor Branch; running thence southerly up
the thread of Tudor Branch to its confluence with Crawford
Creek; running thence southeasterly up the thread of Crawford
Creek to the centerline of Columbia Road; running thence in a
easterly direction along the centerline of Columbia Road to its
intersection with Washington Road and the point of BEGIN-
NING.
Education District No. 2 shall be composed of all that land
within Columbia County, Georgia more particularly described as
follows: BEGINNING at a point where Willowood Drive inter-
sects the boundary line between Columbia County and Richmond
County; running thence in a westerly direction along the center-
line of Willowood Drive to its intersection with Maywood Drive;
running thence in a northerly direction along the centerline of
Maywood Drive to its intersection with Columbia Road; running
thence in a easterly direction along the centerline of Columbia
Road to its intersection with Washington Road; running thence in
a northwesterly direction along the centerline of Washington
Road to Reed Creek; running thence in a easterly direction down
the thread of Reed Creek to Furys Ferry Road; running thence in
a northwesterly direction along the centerline of Furys Ferry
Road to its intersection with Evans to Locks Road; running thence
in a easterly direction along the centerline of Evans to Locks Road
to the Savannah River; running thence in a southeasterly direction
down the thread of the Savannah River to the point of its
intersection with the Richmond County Line; running thence in a
southwesterly direction along the boundary line of Columbia
County and Richmond County to its intersection with Willowood
Drive and the BEGINNING.
Education District No. 3 shall be composed of all that land
within Columbia County, Georgia more particularly described as
follows; BEGINNING at a point where Wrightsboro Road inter-
sects the boundary line between Columbia County and Richmond
County, Georgia; running thence in a westerly direction along the
centerline of Wrightsboro Road to its intersection with the city
limits of Grovetown, Georgia; running thence in a northerly and
westerly direction along the city limits of Grovetown, Georgia to
its intersection with Lewiston Road; running thence in a northerly
GEORGIA LAWS 1983 SESSION
4413
direction along the centerline of Lewiston Road to its intersection
with Interstate Highway 20; running thence in a westerly direction
along the centerline of Interstate Highway 20 to Uchee Creek;
running thence in a southerly and westerly direction up the thread
of Euchee Creek to its origin; running thence due west to Georgia
State Highway 47; running thence in a northerly direction along
the centerline of Georgia State Highway 47 to its intersection with
Fairview Drive; running thence in a southwesterly direction along
the centerline of Fairview Drive to its intersection with Sawdust
Road; running thence in a southwesterly direction along the
centerline of Sawdust Road to its intersection with U.S. Highway
78; running thence in a westerly direction along the centerline of
U.S. Highway 78 to the boundary line between Columbia County
and McDuffie County, Georgia; running thence in a southerly
direction along the Columbia County and McDuffie County line to
a point where it intersects with the Richmond County Line;
running thence in a northeasterly direction along the Columbia
County and Richmond County Line to a point where it intersects
Wrightsboro Road and the point of BEGINNING.
Education District No. 4 shall be composed of all that land
within Columbia County, Georgia more particularly described as
follows: BEGINNING at a point where Wheeler Road intersects
the boundary line between Columbia County and Richmond
County; running thence in a westerly direction along the center-
line of Wheeler Road to its intersection with Beverly Road;
running thence in a northerly direction along the centerline of
Beverly Road to its intersection with Avery Avenue; running
thence in a westerly direction along the centerline of Avery
Avenue to its intersection with County Road 388; running thence
in a southerly and westerly direction along the centerline of
County Road 388 to its intersection with Wheeler Road; running
thence in a westerly direction along the centerline of Wheeler
Road to its intersection with South Belair Road and Old Belair
Road; running thence in a westerly and northerly direction along
the centerline of Old Belair Road to its intersection with Columbia
Road; Running thence in a westerly direction along the centerline
of Columbia Road to Euchee Creek; running thence in a northerly
direction down the thread of Euchee Creek to its confluence with
Tudor Branch; running thence in a southerly direction up the
thread of Tudor Branch to its confluence with Crawford Creek;
running thence in a southeasterly direction up the thread of
Crawford Creek to its intersection with Columbia Road; running
4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence in a easterly direction along the centerline of Columbia
Road to its intersection with Maywood Drive; running thence in a
southerly direction along the centerline of Maywood Drive to its
intersection with Willowood Drive; running thence in a easterly
direction along the centerline of Willowood Drive to its inter-
section with the Columbia County and Richmond County Line;
running thence in a southwesterly direction along the Columbia
County and Richmond County Line to its intersection with
Wheeler Road and the BEGINNING.
Education District No. 5 shall be composed of all that land
within Columbia County, Georgia more particularly described as
follows: BEGINNING at a point where Wrightsboro Road inter-
sects the boundary line between Columbia County and Richmond
County, Georgia; running thence in a westerly direction along the
centerline of Wrightsboro Road to its intersection with the city
limits of Grovetown, Georgia; running thence in a northerly and
westerly direction along the city limits of Grovetown, Georgia to
its intersection with Lewiston Road; running thence in a northerly
direction along the centerline of Beverly Road to its intersection
with Avery Avenue; running thence in a westerly direction along
the centerline of Avery Avenue to its intersection with County
Road 388; running thence in a southerly and westerly direction
along the centerline of County Road 388 to its intersection with
Wheeler Road; running thence in a westerly direction along the
centerline of Wheeler Road to its intersection with South Belair
Road and Old Belair Road; running thence in a southerly and
westerly direction up the thread of Uchee Creek to its origin;
running thence due west to Georgia State Highway 47; running
thence in a northerly direction along the centerline of Georgia
State Highway 47 to its intersection with Fairview Drive; running
thence in a southwesterly direction along the centerline of Fair-
view Drive to its intersection with Sawdust Road; running thence
in a southwesterly direction along the centerline of Sawdust Road
to its intersection with U.S. Highway 78; running thence in a
westerly direction along the centerline of U.S. Highway 78 to the
boundary line between Columbia County and McDuffie County;
running thence in a northerly direction along the Columbia
County and McDuffie County line to a point it intersects the
boundary line between Columbia County and Lincoln County;
running thence in generally easterly direction along the boundary
line between Columbia County and Lincoln County to a point
where it intersects with the boundary line between the State of
GEORGIA LAWS 1983 SESSION
4415
Georgia and the State of South Carolina; running thence in a
southeasterly direction along the boundary line between the State
of Georgia and the State of South Carolina to the confluence of
Uchee Creek; running thence in a southerly direction up the
thread of Uchee Creek to Columbia Road; running thence in a
easterly direction along the centerline of Columbia Road to its
intersection with Old Belair Road; running thence in a southerly
and easterly direction along the centerline of Old Belair Road to
its intersection with South Belair Road and Wheeler Road;
running thence in a easterly direction along the centerline of
Wheeler Road to a point where it intersects at County Highway
388; running thence in a northerly and easterly direction along the
centerline of County Road 388 to its intersection with Avery
Avenue; running thence in an easterly direction along the center-
line of Avery Avenue to its intersection with Beverly Road;
running thence in a southerly direction along the centerline of
Beverly Road to its intersection with Wheeler Road; running
thence in an easterly direction along the centerline of Wheeler
Road to a point where it intersects at the Columbia County and
Richmond County line; running thence in a southwesterly direc-
tion along the Columbia County and Richmond County line to it
intersects with Wrightsboro Road and the point of BEGIN-
NING.
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 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 this section.
(b) (1) Beginning with the primary and general elections held
in 1984 at which new members of the board of education are
elected and thereafter, members shall be elected from the educa-
tion districts provided for in Section 1.
(2) There shall be elected to the board one member from
each of said districts. Candidates may not offer for election to the
board from any district other than that district in which their legal
residence lies. The electors of the entire county may cast their
votes for candidates offering for election to the board from all of
the districts. No person shall be eligible to represent a district
4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
unless he has been a resident of the district from which he offers as
a candidate for at least one year immediately preceding the date of
the election. In the event a member moves his residence from the
district he represents, his place on the board shall immediately
become vacant.
(3) Candidates elected to the board at the general election
in 1984 shall take office on the first day of January following their
election. The two candidates elected to the board who receive the
least number of votes shall serve a term of two years, the remain-
ing three candidates elected to the board shall serve for a term of
four years, and all shall serve until their successors are duly
elected and qualified. Thereafter, successors to the initial mem-
bers of the board shall be elected in the general election in which
their terms of office shall expire, shall take office on the first day
of January following their election, and shall serve for a term of
four years and until their successors are duly elected and quali-
fied.
(4) In all elections conducted pursuant to this Act, each
candidate shall designate, at the time of qualifying, the district
from which he offers as a candidate. To be elected as a member of
the board, a candidate must receive the highest number of votes
cast for the seat he is seeking; and, at the same time, a candidate
must receive a majority of the total votes cast for the election of a
member to that seat. In the event no candidate for a particular
seat receives a majority of the votes for the seat he is seeking, a
run-off election shall be conducted for that particular seat in
accordance with the provisions of the Georgia Election Code,
Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter
amended.
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 Columbia County to issue the call for an
election for the purpose of submitting this Act to the electors of the
Columbia County School District for approval or rejection. The
election superintendent shall set the date of the election for the same
day in 1984 at which the presidential primary is held and shall issue
the call for the election at least 30 days but not more than 45 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
GEORGIA LAWS 1983 SESSION
4417
Columbia County. The ballot shall have written or printed thereon
the following:
( ) YES Shall the Act changing the education
( ) NO districts for the board of education of
Columbia County and providing for
staggered terms of office be ap-
proved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect;
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Columbia County.
It shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 4. The board of education of Columbia County is
authorized and directed to instruct the attorney for the board to
submit immediately a certified copy of this Act and other pertinent
information to the attorney general of the United States for approval
in accordance with Section 5 of the Voting Rights Act of 1965.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Notice is hereby given that there will be introduced at the Regular
Session of the General Assembly of Georgia a bill to amend an act
providing for the election of members of the Board of Education of
Columbia County, approved March 21, 1968. (Georgia Laws 1968,
4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Page 2768, and for other purposes.)
This 3rd day of January, 1983.
William S. Jackson
Representative,
83rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William S. Jackson, who, on oath,
deposes and says that he is Representative from the 83rd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Columbia News which is the official
organ of Columbia County, on the following dates: January 5,12,19,
1983.
/s/ William S. Jackson
Representative,
83rd District
Sworn to and subscribed before me,
this 8th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
GEORGIA LAWS 1983 SESSION
4419
FORSYTH COUNTY BOARD OF COMMISSIONERS
COMPOSITION OF COMMISSIONER DISTRICTS
CHANGED.
No. 455 (House Bill No. 577).
AN ACT
To amend an Act creating a board of commissioners of Forsyth
County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as
amended, particularly by an Act approved March 2, 1972 (Ga. L.
1972, p. 2065), so as to change the composition of the districts from
which the members of the board are elected; to provide for all related
matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Forsyth
County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as
amended, particularly by an Act approved March 2, 1972 (Ga. L.
1972, p. 2065), is amended by striking Section 2, relating to election of
board members, and inserting in its place a new Section 2 to read as
follows:
Section 2. (a) The board of commissioners of Forsyth County
shall consist of five members. For the purpose of electing such
members, Forsyth County shall be divided into five commissioner
districts as follows:
Commissioner District No. 1
Start at the point at which the centerline of Georgia Highway
20, Road Number F54-1, crosses the centerline of the
Chattahoochee River; thence in a general northwesterly direction
along the centerline of Georgia Highway 20, Road F54-1, to a point
at which the centerline of Georgia Highway 20 intersects the
centerline extension of Nuckols Road, Road Number 454; thence
in a general northeasterly direction along the centerline of
Nuckols Road, Road Number 454, to a point at which the center-
line extension of Nuckols Road intersects the centerline of Buford
4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Dam Road, Road Number 85; thence in a general westerly direc-
tion along the centerline of Buford Dam Road, Road Number 85,
to a point at which the centerline of Buford Road intersects the
centerline extension of Sanders Road, Road Number 86; thence in
a general northerly direction along the centerline of Sanders Road,
Road Number 86, to a point at which said centerline intersects the
centerline of a creek flowing from Lake Alice into Lake Sidney
Lanier; thence in a general easterly direction along the centerline
of said creek to a point at which said creek flows into Lake Sidney
Lanier and thence in a general northerly direction along the
shoreline of Lake Sidney Lanier and following the meanderings
thereof to a point at which said shoreline intersects the centerline
of Baldridge Creek; thence in a general northwesterly direction
along the centerline of Baldridge Creek to a point at which said
centerline intersects the centerline of Pilgrim Mill Road, Road
Number 97; thence in a general southwesterly direction along the
centerline of Pilgrim Mill Road, Road Number 97, to a point at
which the centerline of said Pilgrim Mill Road intersects the city
limits boundary of the City of Cumming; thence in a general
westerly, northerly, westerly, northerly, and westerly direction
along the city limits of the City of Cumming to a point at which
said city limits intersects the centerline of Georgia Highway
Number 9, Road Number F114-1; thence in a general northeast-
erly direction along the centerline of Georgia Highway Number 9,
Road Number F114-1, to a point at which said centerline inter-
sects the centerline extension of Dunn Road, Road Number 202;
thence in a general westerly direction along the centerline of Dunn
Road, Road Number 202, to a point at which the centerline
extension of Dunn Road intersects the centerline of Bettis Gap
Road, Road Number 201; thence in a general northwesterly direc-
tion along the centerline of Bettis Gap Road, Road Number 201, to
a point at which the centerline extension of Bettis Gap Road,
Road Number 201, intersects the centerline of an unnamed road
(known as Spot Road, Road Number 276); thence in a general
southwesterly direction along the centerline of an unnamed road
(known as Spot Road, Road Number 276), to a point at which the
centerline extension of said Spot Road intersects the centerline of
an unnamed road (known as Bramblett Road), Road Number
S1678, Road Number 452; thence in a general southerly direction
along said Bramblett Road, Road Number S1678, Road Number
452, along the centerline thereof to a point at which the centerline
extension thereof intersects the centerline of Georgia Highway 20
West, Road Number F54-1; thence in a general southeasterly
GEORGIA LAWS 1983 SESSION
4421
direction along the centerline of Georgia Highway 20, Road
Number F54-1, to a point where said centerline intersects the
centerline of Mountain Creek; thence in a general westerly and
southwesterly direction along the centerline of said Mountain
Creek to a point at which said centerline intersects the centerline
of Road Number 455 (known as Bethelview Road); thence in a
southeasterly direction along the centerline of said Road Number
455 (known as Bethelview Road) to a point at which said center-
line intersects the centerline of Kelley Mill Road, Road Number 5;
thence in a general easterly direction along the centerline of
Kelley Mill Road, Road Number 5, to a point at which said
centerline intersects the centerline of Kelly Mill Branch; thence in
a general southwesterly direction along the centerline of Kelly
Mill Branch to a point at which said centerline intersects the
centerline extension of Sawmill Branch; thence in a general south-
easterly direction along the centerline of Sawmill Branch, crossing
under Castleberry Road, Road Number 11, to a point at which
Sawmill Branch flows into an unnamed lake; thence in a south-
easterly and easterly direction along the general southern shore-
line of said unnamed lake to a point at which Sawmill Branch
enters said lake; thence in a general southerly direction along the
centerline of Sawmill Branch to a point at which the centerline of
Sawmill Branch intersects the centerline of Georgia Highway
Number 9, Road Number S1336, Road Number F114-1; thence in
a general southwesterly direction along the centerline of Georgia
Highway Number 9, Road Number S1336, Road Number F114-1,
to a point at which the centerline of Georgia Highway Number 9
intersects the centerline extension of Georgia Highway 141, Road
Number F104-1; thence in a general southerly direction along the
centerline of Georgia Highway Number 141, Road Number F104-1
to a point at which said centerline intersects the centerline exten-
sion of Brannon Road, Road Number 18; thence in a general
southeasterly direction along the centerline of Brannon Road,
Road Number 18, to a point at which the centerline extension of
Brannon Road intersects the centerline of Old Atlanta Road,
Road Number SI285, Road Number 450; thence in a general
southeasterly direction along the centerline of Old Atlanta Road,
Road Number S1285, Road Number 450, to a point at which said
centerline intersects the centerline extension of Daves Creek
Road, Road Number 78; thence in a general southeasterly direc-
tion along the centerline of Daves Creek Road, Road Number 78,
to a point at which the centerline extension thereof intersects the
centerline of Trammell Road, Road Number 75; thence in a
4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
general southwesterly direction along the centerline of Trammell
Road, Road Number 75, to a point at which said centerline
intersects the centerline of Daves Creek; thence in a general
southeasterly and southerly direction along the centerline of
Daves Creek, and following the meanderings thereof, to a point at
which said centerline intersects the centerline of James Creek;
thence in a general southerly and easterly direction along the
centerline of James Creek crossing under Burgess Road, Road
Number 450, to a point at which the centerline extension of said
James Creek intersects the centerline of the Chattahoochee River;
thence in a general northeasterly direction along the centerline of
Chattahoochee River to a point at which said centerline intersects
the centerline of Georgia Highway Number 20, Road Number
F54-1, the point of beginning.
Commissioner District No. 2
Start at a point at which the centerline of Road Number
S2564, Road Number 283, intersects the western boundary of
Forsyth County, the common boundary between Forsyth County
and Fulton County; thence in a general southeasterly and south-
erly direction along the centerline of Road Number S2564, Road
Number 283, to a point at which the centerline extension thereof
intersects the centerline of Strickland Road, Road Number 43;
thence in a general southerly direction along the centerline of
Strickland Road, Road Number 43, to a point at which the
centerline extension of Strickland Road, Road Number 43, inter-
sects the centerline of Road Number 283, Road Number S2564;
(the following courses along Road Number S2564 being along and
with the southern boundary of Forsyth County which is the
common boundary between Forsyth County and Fulton County)
thence in a general easterly direction along the centerline of Road
Number 283, Road Number S2564, to a point at which the
centerline extension thereof intersects the centerline of Union Hill
Road, Road Number 456, Road Number S2564; thence in a
general easterly direction along the centerline of Union Hill Road,
Road Number 456, Road Number S2564, to a point at which said
road becomes McGinnis Ferry Road, Road Number 458; thence in
a general southeasterly direction along the centerline of McGinnis
Ferry Road, Road Number 458, Road Number S2564, to a point at
which the centerline extension thereof intersects the centerline of
the Chattahoochee River; thence in a general northerly direction
along the centerline of the Chattahoochee River, and following the
GEORGIA LAWS 1983 SESSION
4423
meanderings thereof, such centerline being the eastern boundary
of Forsyth County, the common boundary between Forsyth
County and Gwinnett County, to a point at which said centerline
intersects the centerline extension of James Creek; thence in a
general westerly direction along the centerline of James Creek to a
point at which said centerline intersects the centerline extension
of Daves Creek; thence in a general northwesterly direction along
the centerline of Daves Creek to a point at which said centerline
intersects the centerline of Trammell Road, Road Number 75;
thence in a northeasterly direction along the centerline of Tram-
mell Road, Road Number 75, to a point at which said centerline
intersects the centerline extension of Daves Creek Road, Road
Number 78; thence in a general westerly direction along the
centerline of Daves Creek Road, Road Number 78, to a point at
which said centerline extension intersects the centerline of Old
Atlanta Road, Road Number S1285, Road Number 450; thence in
a general northwesterly direction along the centerline of Old
Atlanta Road, Road Number S1285, Road Number 450, to a point
at which said centerline intersects the centerline extension of
Brannon Road, Road Number 18; thence in a general westerly
direction along the centerline of Brannon Road, Road Number 18,
to a point at which the centerline extension thereof intersects the
centerline of Georgia Highway 141, Road Number F104-1; thence
in a northerly direction along the centerline of Georgia Highway
141, Road Number F104-1, to a point at which the centerline
extension thereof intersects the centerline of Georgia Highway
Number 9, Road Number F114-1; thence in a general westerly
direction along the centerline of Georgia Highway 9, Road
Number F114-1, to a point at which said centerline intersects the
centerline extension of Moore Road, Road Number 34; thence in a
general westerly direction along the centerline of Moore Road,
Road Number 34, to a point at which said centerline intersects the
western boundary of Forsyth County, the common boundary
between Forsyth County and Fulton County; thence in a southerly
direction along the western boundary of Forsyth County to a point
at which the boundary intersects the centerline of an unnamed
road, Road Number S2564, Road Number 283, the point of
beginning.
Commissioner District No. 3
Start at the point of intersection of the centerline of Moore
Road, Road Number 34, with the western boundary of Forsyth
4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County, the common boundary between Forsyth County and
Fulton County; thence in a general easterly direction along the
centerline of Moore Road, Road Number 34, to a point at which
the centerline extension thereof intersects the centerline of
Georgia Highway 9, Road Number F114-1; thence in a general
easterly and northeasterly direction along the centerline of
Georgia Highway 9, Road Number F114-1, to a point at which said
centerline intersects the centerline of Sawmill Branch; thence in a
general northerly direction along the centerline of Sawmill Branch
to a point at which said branch flows into an unnamed lake; thence
in a general westerly and northwesterly direction along the south-
ern shoreline of said unnamed lake to a point at which said
Sawmill Branch exits from said unnamed lake; thence in a general
northwesterly direction along the centerline of Sawmill Branch
flowing under Castleberry Road, Road Number 11, to a point at
which the centerline extension thereof intersects the centerline of
Kelly Mill Branch; thence in a general northeasterly direction
along the centerline of Kelly Mill Branch to a point at which said
centerline intersects the centerline of Kelley Mill Road, Road
Number 1; thence in a general westerly direction along the center-
line of Kelley Mill Road, Road Number 1, changing to Road
Number 5, to a point at which said centerline intersects the
centerline of Road Number 455 (known as Bethelview Road);
thence in a northerly direction along the centerline of Road
Number 455 (known as Bethelview Road) to a point at which said
centerline intersects the centerline of Mountain Creek; thence in a
general northeasterly direction along the centerline of Mountain
Creek to a point at which said centerline intersects the centerline
of Georgia Highway Number 20, Road Number F54-1; thence in a
general northwesterly direction along the centerline of Georgia
Highway Number 20, Road Number F54-1, to a point at which
said centerline intersects the centerline extension of Bramblett
Road, Road Number S1678, Road Number 452; thence in a
general northerly direction along the centerline of Bramblett
Road, Road Number S1678, Road Number 452, to a point at which
said centerline intersects the centerline extension of an unnamed
road (known as Spot Road, Road Number 276); thence in a general
northeasterly direction along the centerline of an unnamed road
(known as Spot Road, Road Number 276), to a point at which said
centerline intersects the centerline extension of Chadwick Road,
Road Number 232; thence in a generally northerly and northeast-
erly direction along the centerline of said Road Number 232
(Chadwick Road continuing as Bramblett Road) to a point at
GEORGIA LAWS 1983 SESSION
4425
which said centerline intersects the centerline of an unnamed
road, Road Number 245; thence in a northeasterly direction along
the centerline of said Road Number 245 to a point at which said
centerline intersects the centerline of Thalley Creek; thence in a
generally northwesterly direction along the centerline of Thalley
Creek to a point at which the centerline extension thereof inter-
sects with the centerline of Settingdown Creek; thence in a general
westerly direction along the centerline of Settingdown Creek,
following the meanderings thereof, and crossing under Bramblett
Road, Road Number S1678, Road Number 452, to a point at which
the centerline of Settingdown Creek intersects with the centerline
of Burnt Bridge Road, Road Number 271; thence in a general
northerly direction along the centerline of Burnt Bridge Road,
Road Number 271, to a point at which the centerline extension
thereof intersects the centerline of Wallace Tatum Road, Road
Number 270; thence in a general westerly direction along the
centerline of Wallace Tatum Road, Road Number 270, said road
becoming Road Number 269 for a portion thereof, until a point at
which the centerline of Wallace Tatum Road intersects the center-
line of Hurt Bridge Road, Road Number 451; thence in a general
southwesterly direction along the centerline of Hurt Bridge Road,
Road Number 451, to a point at which said centerline intersects
the centerline of Settingdown Creek; thence in a general westerly
direction along the centerline of Settingdown Creek, and following
the meanderings thereof, to a point at which the centerline of
Settingdown Creek intersects the western boundary of Forsyth
County, the common boundary between Cherokee County and
Forsyth County; thence in a southerly direction along the western
boundary of Forsyth County, the common boundary between
Forsyth County and Cherokee County, which then becomes the
common boundary between Forsyth County and Fulton County,
to a point at which the western boundary of Forsyth County
intersects the centerline of Moore Road, Road Number 34, the
point of beginning.
Commissioner District No. 4
Start at the point at which the centerline of Settingdown
Creek intersects the western boundary of Forsyth County, the
common boundary between Forsyth County and Cherokee
County; thence in a northerly direction along the western
boundary of Forsyth County, the boundary common between
Forsyth County and Cherokee County to a point representing the
4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
northern terminus thereof, such point being the southern ter-
minus of the common boundary between Dawson County and
Cherokee County; thence in an easterly direction along the north-
ern boundary of Forsyth County, the common boundary between
Forsyth County and Dawson County, to a point at which the
extension thereof intersects the ancient bed of the Chattahoochee
River, the historic boundary between Forsyth County and Hall
County now a part of Lake Sidney Lanier; thence in a general
southeasterly direction along the centerline of the ancient
Chattahoochee River to a point at which said centerline intersects
the centerline of Georgia Highway 53, Road Number F65-3;
thence in a southwesterly and northwesterly direction along the
centerline of Georgia Highway 53, Road Number F65-3, to a point
at which said centerline intersects the centerline extension of
Westbrook Road, Road Number 226; thence in a westerly and
southerly direction along the centerline of Westbrook Road, Road
Number 226, to a point at which the centerline extension thereof
intersects the centerline of Jotem Down Road, Road Number 171;
thence in a general westerly direction along the centerline of
Jotem Down Road, Road Number 171, to a point at which said
centerline intersects the centerline extension of Road Number
162; thence in a general southerly direction along the centerline of
Road Number 162 to a point at which said centerline is intersected
by the centerline extension of Road Number 163; thence in a
general southwesterly direction along the centerline of Road
Number 163 to a point at which said centerline intersects the
centerline extension of Cantrell Road, Road Number 161; thence
in a general westerly and southerly direction along the centerline
of Cantrell Road, Road Number 161, to a point at which the
centerline extension thereof intersects the centerline of Georgia
Highway 306, Road Number S862; thence in a general southwest-
erly direction along the centerline of Georgia Highway 306, Road
Number S862 to a point at which the centerline thereof intersects
the right-of-way centerline of Georgia Highway 400, U.S. Highway
19, Road Number F56-1; thence in a general southwesterly direc-
tion along the right-of-way centerline of Georgia Highway 400,
U.S. Highway 19, Road Number F56-1, to a point at which said
centerline intersects the centerline of Pilgrim Mill Road, Road
Number S2884, Road Number 97; thence in a general southwest-
erly directional along the centerline of Pilgrim Mill Road, Road
Number S2884, Road Number 97, to a point at which said center-
line is intersected by the city limits of the City of Cumming;
thence in a westerly, northerly, westerly, northerly, and westerly
GEORGIA LAWS 1983 SESSION
4427
direction along the boundary line of the city limits of the City of
Cumming to a point at which said boundary intersects the center-
line of Georgia Highway Number 9, Road Number S1336; thence
in a general northerly direction along the centerline of Georgia
Highway 9, Road Number S1336, to a point at which said center-
line is intersected by the centerline extension of Dunn Road, Road
Number 202; thence in a general westerly direction along the
centerline of Dunn Road, Road Number 202, to a point at which
the centerline extension thereof intersects the centerline of Bettis
Gap Road, Road Number 201; thence in a general northwesterly
direction along the centerline of Bettis Gap Road, Road Number
201, to a point at which the centerline extension thereof intersects
the centerline of an unnamed road (known as Spot Road, Road
Number 276); thence in a general southwesterly direction along
the centerline of an unnamed road (known as Spot Road, Road
Number 276), to a point at which said centerline intersects the
centerline extension of Chadwick Road, Road Number 232; thence
in a northerly direction along the centerline of said Road Number
232 (Chadwick Road continuing as Bramblett Road) to a point at
which said centerline intersects the centerline of an unnamed
road, Road Number 245; thence in a northeasterly direction along
the centerline of said Road Number 245 to a point at which said
centerline intersects the centerline of Thalley Creek; thence in a
generally northwesterly direction along the centerline of Thalley
Creek to a point at which the centerline extension thereof inter-
sects with the centerline of Settingdown Creek; thence in a general
northwesterly and westerly direction along the centerline of Set-
tingdown Creek to a point at which said centerline intersects with
the centerline of Burnt Bridge Road, Road Number 271; thence in
a general northerly direction along the centerline of Burnt Bridge
Road, Road Number 271, to a point at which the centerline
extension thereof intersects with the centerline of Wallace Tatum
Road, Road Number 270; thence in a general westerly direction
along the centerline of Wallace Tatum Road, Road Number 270,
becoming Road Number 269, to a point at which said centerline
intersects with the centerline of Hurt Bridge Road, Road Number
451; thence in a general southwesterly direction along the center-
line of Hurt Bridge Road, Road Number 451, to a point at which
said centerline intersects the centerline of Settingdown Creek;
thence in a general westerly direction along the centerline of
Settingdown Creek, and following the meanderings thereof, to a
point at which Settingdown Creek intersects the western
boundary of Forsyth County, the common boundary between
Forsyth County and Cherokee County, the point of beginning.
4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District No. 5
Start at the intersection of the centerline of Georgia Highway
20, Road Number F54-1, with the centerline of the Chattahoochee
River; thence in a general northwesterly direction along the cen-
terline of Georgia Highway 20, Road Number F54-1, to a point at
which said centerline intersects the centerline extension of
Nuckols Road, Road Number 454; thence in a general northeast-
erly direction along the centerline of Nuckols Road, Road Number
454, to a point at which the centerline extension thereof intersects
the centerline of Buford Dam Road, Road Number 85, Road
Number S2347; thence in a general westerly direction along the
centerline of Buford Dam Road, Road Number 85, Road Number
S2347, to a point at which said centerline intersects the centerline
extension of Sanders Road, Road Number 86; thence in a north-
erly direction along the centerline of Sanders Road, Road Number
86, to a point at which said centerline intersects the centerline of a
creek running from Lake Alice to Lake Sidney Lanier; thence in a
general easterly direction along the centerline of said creek to a
point at which said creek enters Lake Sidney Lanier; thence in a
general northerly direction along the shoreline of Lake Sidney
Lanier and following the meanderings thereof to a point at which
Baldridge Creek flows into Lake Sidney Lanier; thence in a
general northerly direction along the centerline of Baldridge
Creek to a point at which said centerline intersects the centerline
of Pilgrim Mill Road, Road Number 97, Road Number S2884;
thence in a general westerly direction along the centerline of
Pilgrim Mill Road, Road Number 97, Road Number S2884, to a
point at which said centerline intersects the right-of-way center-
line of Georgia Highway 400, U.S. Highway 19, Road Number F56-
1; thence in a general northeasterly direction along the right-of-
way centerline of Georgia Highway 400, U.S. Highway 19, Road
Number F56-1, to a point at which said right-of-way centerline
intersects the centerline of Georgia Highway 306, Road Number
S862, Road Number F12-1; thence in a general northeasterly
direction along the centerline of Georgia Highway 306, Road
Number S862, Road Number F12-1, to a point at which said
centerline intersects the centerline of Cantrell Road, Road
Number 161; thence in a general northerly and easterly direction
along the centerline of Cantrell Road, Road Number 161, to a
point at which the centerline extension thereof intersects the
centerline of Road Number 163; thence in a general northeasterly
direction along the centerline of Road Number 163 to a point at
GEORGIA LAWS 1983 SESSION
4429
which the centerline extension thereof intersects the centerline of
Road Number 162; thence in a general northerly direction along
the centerline of Road 162 to a point at which the centerline
extension thereof intersects the centerline of Jotem Down Road,
Road Number 171; thence in a general easterly direction along the
centerline of Jotem Down Road, Road Number 171, to a point at
which the centerline thereof intersects the centerline extension of
Westbrook Road, Road Number 226; thence in a general northerly
and easterly direction along the centerline of Westbrook Road,
Road Number 226, to a point at which the centerline thereof
intersects the centerline of Georgia Highway 53, Road Number
F65-3; thence in a general southeasterly and northeasterly direc-
tion along the centerline of Georgia Highway 53, Road Number
F65-3, to a point at which said centerline intersects the centerline
of the ancient bed of the Chattahoochee River, now a part of Lake
Sidney Lanier, the eastern boundary of Forsyth County and the
common boundary between Forsyth County and Hall County;
thence in a general southeasterly and southwesterly direction
along the ancient bed of the Chattahoochee River, the centerline
thereof forming the common boundary between Forsyth County
and Hall County, traversing Buford Dam and continuing along the
centerline of the Chattahoochee River, the eastern boundary of
Forsyth County and the common boundary between Forsyth
County and Gwinnett County, to a point at which said centerline
intersects the centerline of Georgia Highway Number 20, Road
Number F54-1, the point of beginning.
The above descriptions of commissioner districts of Forsyth
County, State of Georgia, are derived from the GENERAL HIGH-
WAY MAP, FORSYTH COUNTY, GEORGIA, PREPARED BY
THE DEPARTMENT OF TRANSPORTATION, DIVISION OF
PLANNING AND PROGRAMMING, PLANNING DATA SER-
VICES, dated 1982, showing a last revision date of August 27,
1982, and bearing thereon the numerical designation 117/058,
which map is incorporated herein for a more particular descrip-
tion of the commissioner district boundaries hereinabove set
forth. The designation Mountain Creek referenced in the
descriptions hereinabove set forth does not appear on said Gen-
eral Highway Map, and is derived from a resolution of the Board
of Commissioners of Forsyth County, adopted February 14,1983,
and appearing on the minutes of said Board of Commissioners of
Forsyth County, Georgia.
4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) If any portion of Forsyth County is not included in any of the
commissioner districts described in subsection (a) of this section,
then such portion shall be a part of the adjacent commissioner district
which has the least population according to the United States decen-
nial census of 1980.
(c) There shall be one member of the board from each commis-
sioner district. In order to be eligible to serve on the board from a
commissioner district, a person must be a resident of said district. All
members, however, shall be voted upon by the voters of the entire
county. A candidate shall designate the post for which he offers as a
candidate. This shall apply to all primaries and elections. The
election of members to the board of commissioners shall be conducted
in accordance with the provisions of the Georgia Election Code
relating to the election of candidates for such offices.
(d) At the general election held in each even-numbered year
there will be elected a successor to each member of the board whose
term will expire on December 31 next following the election. Each
successor shall be elected from the commissioner district designated
by the same number as the commissioner district from which the
member he is to succeed was elected.
(e) Each member of the board shall serve for a term of four years
beginning on the first day of January following his election.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
Session of the General Assembly of Georgia, legislation to change the
composition of the districts from which members of the board of
commissioners of Forsyth County are elected; to provide for all
related matters; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
4431
This 20th day of December, 1982.
Bill H. Barnett
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill H. Barnett, who, on oath, deposes
and says that he is Representative from the 10th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Forsyth County News which is the official organ
of Forsyth County, on the following dates: December 22,29,1982 and
January 5,1983.
/s/ Bill H. Barnett
Representative,
10th District
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CORPORATE LIMITS OF THE CITY OF ROME
CHANGED AND EXTENDED.
No. 456 (House Bill No. 741).
AN ACT
To amend an Act creating a new charter for the City of Rome,
approved August 19,1918 (Ga. L. 1918, p. 813), as amended, so as to
change and extend the corporate limits of said city; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Rome,
approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, is
amended by extending the corporate limits of the City of Rome so as
to include therein and annex to said corporate limits the following
described tracts and parcels of property:
All that tract or parcel of land situated, lying and being in Land
Lots 158, 159, 160, 161, 165, 166 and 167 in the 4th District and 4th
Section of Floyd County, Georgia and being more particularly
described as follows:
Starting at the intersection of the westerly right-of-way line of
Abigail Lane and the northerly right-of-way line of Burnett Ferry
Road and going thence across Burnett Ferry Road on a southeasterly
projection of the westerly right-of-way line of Abigail Lane a distance
of 50 feet to a point on the southerly right-of-way line of Burnett
Ferry Road and the point of beginning. Going thence from said point
of beginning in a southwesterly direction along the southerly right-of-
way line of Burnett Ferry Road to a point located 100 feet southwest-
erly as measued along the southerly right-of-way of Burnett Ferry
Road from its intersection with the westerly right-of-way line of
Hearthwood Drive (formerly Hampton Drive) which said point is also
the existing city limits line of the City of Rome, Georgia; going thence
across the right-of-way of Burnett Ferry Road along a northwesterly
projection of said existing city limits line north 32 degrees 15 minutes
west a distance of 60 feet to a point located on the northerly right-of-
way line of Burnett Ferry Road; going thence in a northeasterly
GEORGIA LAWS 1983 SESSION
4433
direction along the northerly right-of-way line of Burnett Ferry Road
to a point located at the intersection of the northerly right-of-way line
of Burnett Ferry Road and the westerly right-of-way line of Billy Pyle
Road (formerly Druid Road); going thence along said westerly right-
of-way line of Billy Pyle Road in a northwesterly, westerly and
southwesterly direction and following the curvature thereof to a point
located on the southerly right-of-way line of Billy Pyle Road at its
intersection with a line formed by a southerly projection of the
westerly right-of-way line of Fernwood Drive; thence along said
southerly projection of the westerly right-of-way line of Fernwood
Drive in a northerly direction across the right-of-way of Billy Pyle
Road a distance of 50 feet, more or less, to a point located at the
intersection of the northerly right-of-way line of Billy Pyle Road and
the westerly right-of-way line of Fernwood Drive; going thence along
the northwesterly, northerly and easterly right-of-way lines of Billy
Pyle Road following the curvature thereof to a point located at the
intersection of the easterly right-of-way line of Billy Pyle Road and
the northerly right-of-way line of Burnett Ferry Road; going thence in
a northeasterly direction along the northerly right-of-way line of
Burnett Ferry Road to a point on said northerly right-of-way line of
Burnett Ferry Road located at the south corner of Lot 413 of the
Edgewood Park Subdivision as shown on a plat recorded in Plat Book
2, page 198 in the office of the Clerk of the Superior Court of Floyd
County, Georgia; going thence in a northwesterly direction along the
westerly line of said lot 413 and also along the westerly line of lot 423
of said subdivision a distance of 197 feet to a point located on the
easterly right-of-way of Michael Street; thence in a northerly direc-
tion along the existing city limits line of the City of Rome a distance of
260 feet, more or less, to the point where said city limits line turns in a
easterly direction; thence following said city limits line in a easterly
direction across lots 20, 21 and 22 of the Westdale Subdivision as
shown on a plat recorded in Plat Book 4, page 239 in the office of the
Clerk of the Superior Court of Floyd County, Georgia to a point
located on the westerly right-of-way line of Abigail Lane, which point
is also the east corner of lot 22 of Westdale Subdivision; going thence
in a southeasterly direction along the westerly right-of-way line of
Abigail Lane a distance of 150 feet to a point located at the inter-
section of the westerly right-of-way line of Abigail Lane and the
northerly right-of-way line of Burnett Ferry Road and the point of
beginning.
TRACTI
4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All that tract or parcel of land situated, lying and being in Land
Lots 326 and 327 in the 23rd District and 3rd Section of Floyd
County, Georgia and being more particularly described as follows:
Beginning at a point located at the intersection of the existing city
limits line of the City of Rome, Georgia and the northerly right-of-
way line of U.S. Highway 411 (which point is also the intersection of
the northerly right-of-way line of U.S. Highway 411 and a southerly
projection of the easterly right-of-way line of Woodland Street).
Going thence from said point of beginning in a northwesterly direc-
tion along the northerly right-of-way line of U. S. Highway 411 to its
intersection with the easterly right-of-way line of Dean Street; going
thence from said point in a southerly direction across the right-of-way
of U.S. Highway 411 to a point located at the intersection of the
southerly right-of-way line of U.S. Highway 411 and Rockmart Road
(State Road 101) (the distance across said right-of-way is the same as
that measured along the easterly right-of-way line of Rockmart Road
(State Route 101) and the existing city limits line of the City of Rome,
Georgia); going thence in a southeasterly direction along the south-
erly right-of-way line of U.S. Highway 411 to the existing city limits
line of the City, of Rome, Georgia (which point is formed by the
intersection of the southerly right-of-way line of U.S. Highway 411
and the southerly projection of the easterly right-of-way line of
Woodland Street); going thence in a northerly direction across the
right-of-way of U.S. Highway 411 along the existing city limits of the
City of Rome, Georgia to the northerly right-of-way line of U.S. High-
way 411 and the point of beginning.
TRACT II
All that tract or parcel of land situated, lying and being in Land
Lots 325,326,356,357 and 358 in the 23rd District and 3rd Section of
Floyd County, Georgia and also being in Land Lots 3, 34, 35, 36, 37
and 38 in the 22nd District and 3rd Section of Floyd County, Georgia
and being more particularly described as follows:
Beginning at a point located at the intersection of the southerly
right-of-way line of U.S. Highway 411 and 27 and the easterly right-
of-way line of Flannery Street. Going thence from said point of
beginning in a southwesterly direction along the southerly and east-
erly right-of-way line of U.S. Highway 411 and 27 and following the
curvature thereof to a point located at the intersection of said easterly
right-of-way line of U.S. Highway 411 and 27 and the southerly right-
GEORGIA LAWS 1983 SESSION
4435
of-way line of Eden Valley Road; thence in a westerly direction across
U.S. Highway 411 and 27 to a point located at the intersection of the
westerly right-of-way line of U.S. Highway 411 and 27 and Walker
Mountain Road; (this distance includes the entire road right-of-way
from the easterly right-of-way line of U.S Highway 411 and 27 to the
westerly right-of-way line of U.S. Highway 411 and 27); going thence
in a northerly direction along the westerly right-of-way line of U.S.
Highway 411 and 27 a distance of 750 feet, more or less, to the
intersection of the westerly right-of-way line of U.S. Highway 411 and
27 and the westerly right-of-way line of Cave Spring Road (State
Highway 53); going thence south 83 degrees 37 minutes east 80 feet to
a concrete monument located on the easterly right-of-way line of
Cave Spring Road (State Highway 53); continuing thence south 83
degrees 37 minutes east 73.4 feet to a concrete monument located on
the northerly right-of-way line of U.S. Highway 411 and 27; going
thence in a northeasterly direction along the westerly and northerly
right-of-way line of U.S. Highway 411 and 27 and following the
curvature thereof to a point located at the intersection of the north-
erly right-of-way line of U.S. Highway 411 and 27 and the easterly
right-of-way line of Flannery Street; thence in a southerly direction
across the right-of-way of U.S. 411 and 27 and along the existing city
limits line of the City of Rome, Georgia on a line formed by a
projection of the easterly right-of-way line of Flannery Street to the
point of beginning.
All that tract or parcel of land situated, lying and being in Land
Lots 324, 357, and 358 in the 23rd District and 3rd Section of Floyd
County, Georgia, and Land Lots 3, 34, 35, 37, 38, and 72 in the 22nd
District and 3rd Section of Floyd County, Georgia, and being more
particularly described as follows:
Starting at the intersection of the easterly right-of-way line of the
Southern Railway and the southerly right-of-way line of East 20th
Street and running thence in a southwesterly direction along said
easterly right-of-way line of the Southern Railway a distance of 200
feet, more or less, to a point located on the existing city limits line of
the City of Rome, Georgia and the point of beginning. Going thence
from said point of beginning in a southwesterly direction along the
easterly right-of-way line of the Southern Railway to a point located
in Land Lot 37 where said Southern Railway splits into two tracks;
thence continuing along the easterly right-of-way line of the Southern
Railway along the eastern track towards Atlanta to a point where said
easterly right-of-way line intersects the southerly land lot line of
4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Land Lot 72; going thence in a westerly direction across said railway a
distance of 100 feet, more or less, along the southern land lot line of
Land Lot 72 to a point located on the westerly right-of-way line of
said track; going thence in a northwesterly direction along the west-
erly right-of-way line of said track to the point where said westerly
line of said track intersects the easterly right-of-way line of the
Southern Railway track towards Selma, Alabama; going thence in a
southwesterly direction along the easterly right-of-way line of said
track to a point located at the intersection of said easterly right-of-
way line of said track and the southerly right-of-way line of Eden
Valley Road; thence along the southerly right-of-way line of Eden
Valley Road and across said track a distance of 100 feet, more or less,
to a point located at the intersection of the southerly right-of-way line
of Eden Valley Road and the westerly right-of-way line of said track;
thence continuing along the southerly right-of-way line of Eden
Valley Road to a point where it intersects the easterly right-of-way
line of U.S. Highway 411 and 27; going thence in a northerly direction
along said easterly right-of-way line of U.S. Highway 411 and 27 a
distance of 60 feet to the intersection of said easterly right-of-way line
of U.S. Highway 411 and 27 and the northerly right-of-way line of
Eden Valley Road; thence in an easterly direction along the northerly
right-of-way line of Eden Valley Road to its intersection with the
westerly right-of-way line of the Southern Railway; going thence in a
northeasterly direction along the westerly right-of-way line of said
track and along the existing city limits of the City of Rome, Georgia,
to a point located on the westerly right-of-way line of said track at its
junction with the Southern Railway track towards Atlanta described
above; continuing thence along the westerly right-of-way line of the
Southern Railway and the existing city limits line of the City of Rome
in a northeasterly direction to a point being 50 feet westerly from the
point of beginning as measured along the existing city limits line of
the City of Rome, Georgia; going thence in a easterly direction and
across the right-of-way of the Southern Railway and along the
existing city limits line of the City of Rome, Georgia a distance of 50
feet, more or less, to the point of beginning.
All that tract or parcel of land situated, lying and being in Land
Lots 161 and 128 in the 4th District and 4th Section of Floyd County,
Georgia and being more particularly described as follows:
Beginning at a point located at the intersection of the easterly
right-of-way line of Watson Street and the northerly right-of-way line
of the Southern Railway. Going thence from said point of beginning
GEORGIA LAWS 1983 SESSION
4437
in a northwesterly direction along the northerly right-of-way line of
the Southern Railway 1048.3 feet, more or less, to a point; thence
north a distance of 50.9 feet to a point on the north land lot line of said
Land Lot 161; thence west along said north land lot line a distance of
116.1 feet to a point located on the northerly right-of-way line of the
Southern Railway; thence in a northwesterly direction along the
northerly right-of-way line of the Southern Railway a distance of
804.4 feet, more or less, to the intersection of the northerly right-of-
way line of the Southern Railway and the easterly right-of-way line of
Airport Road; thence in a southerly direction along the easterly right-
of-way line of Airport Road a distance of 66 feet, more or less, to the
southern right-of-way line of the Southern Railway; going thence in a
southeasterly direction along said southerly right-of-way of the
Southern Railway a distance of 1977.7 feet, more or less, to the point
of beginning.
All that tract or parcel of land situated, lying and being in Land
Lot 325 in the 23rd District and 3rd Section of Floyd County, Georgia
and being more particularly described as follows:
Starting at the intersection of the southerly right-of-way line of
East 20th Street and the westerly right-of-way line of Maple Road
and going thence in a southerly direction along the westerly right-of-
way line of Maple Road a distance of 200 feet to a point located on the
existing city limits line of the City of Rome, Georgia, which said point
is the northeast corner of Lot 9 of the Miller Nursery Subdivision as
shown on a plat of said subdivision recorded in Plat Book 2, Page 33 in
the office of the Clerk of the Superior Court of Floyd County, Georgia,
said point being the point of beginning. Going thence from said point
of beginning in a southerly direction along the westerly right-of-way
line of Maple Road to the intersection of the westerly right-of-way
line of Maple Road and the northerly right-of-way line of U.S.
Highway 411 and 27; thence in an easterly direction across the right-
of-way of Maple Road to a point located at the intersection of the
easterly right-of-way line of Maple Road and the northerly right-of-
way line of U.S. Highway 411 and 27; going thence in a northerly
direction along the easterly right-of-way line of Maple Road to a point
located at the northwest corner of Lot 172 of the Miller Nursery
Subdivision as shown on the above-referenced plat, which said point
is 200 feet southerly as measured along the easterly right-of-way line
of Maple Road from its intersection with East 20th Street, and said
point also being located on the existing city limits line of the City of
Rome, Georgia; going thence in a westerly direction along the right-
4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of-way of Maple Road and along the existing city limits line of the
City of Rome, Georgia a distance of 50 feet to the point of beginning.
All that tract or parcel of land situated, lying and being in Land
Lots 324, 325, and 357 in the 23rd District and 3rd Section of Floyd
County, Georgia and being more particularly described as follows:
Starting at the intersection of the southerly right-of-way line of
East 20th Street and the easterly right-of-way line of Old Lindale
Road (Cedar Street) and running thence in a southerly direction
along the easterly right-of-way line of Old Lindale Road (Cedar
Street) a distance of 200 feet to a point located at the northwest
corner of Lot 9 of the Mill-Air Subdivision as shown on a plat of said
subdivision recorded in Plat Book 2, Page 169 in the office of the
Clerk of the Superior Court of Floyd County, Georgia, said point
being located on the existing city limits line of the City of Rome,
Georgia, and being the point of beginning. Going thence from said
point of beginning in a southerly direction along the easterly right-of-
way line of Old Lindale Road (Cedar Street) to the point where said
easterly right-of-way line of Old Lindale Road (Cedar Street) inter-
sects with the northerly right-of-way line of Darlington Drive (Old
Furnace Road); thence in a northwesterly direction along the north-
erly right-of-way line of Darlington Road (Old Furnace Road) a
distance of 40 feet, more or less, to a point located on the westerly
right-of-way line of Old Lindale Road (Cedar Street); going thence in
a northerly direction along the westerly right-of-way line of Old
Lindale Road (Cedar Street) to a point located on the existing city
limits line of the City of Rome, Georgia, said point being 200 feet
southerly from the intersection of the westerly right-of-way line of
Old Lindale Road (Cedar Street) with the southerly right-of-way line
of East 20th Street; going thence in a easterly direction across the
right-of-way line of Old Lindale Road (Cedar Street) and along the
existing city limits line of the City of Rome, Georgia a distance of 40
feet, more or less, to the point of beginning.
All that tract or parcel of land situated, lying and being in Land
Lot 357 in 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 line of
Darlington Drive (Old Furnace Road) and the easterly right-of-way
line of the Southern Railroad in said Land Lot; going thence from said
point of beginning in a southeasterly direction along the northerly
GEORGIA LAWS 1983 SESSION
4439
right-of-way line of Darlington Drive (Old Furnace Road) to the point
of intersection of the northerly right-of-way line of Darlington Drive
(Old Furnace Road) and the westerly right-of-way line of Old Lindale
Road (Cedar Street); thence in a southwesterly direction on a line
formed by a southerly projection of the westerly right-of-way line of
Old Lindale Road across the right-of-way of Darlington Drive (Old
Furnace Road) a distance of 60 feet, more or less, to a point located on
the southerly right-of-way line of Darlington Drive (Old Furnace
Road); going thence in a westerly direction along the southerly right-
of-way line of Darlington Drive (Old Furnace Road) to the inter-
section of the said southerly right-of-way line of Darlington Drive
(Old Furnace Road) and the easterly right-of-way line of the South-
ern Railroad; going thence in a northeasterly direction along the
easterly right-of-way line of the Southern Railroad a distance of 60
feet to the point of beginning.
All that tract or parcel of land situated, lying and being in Land
Lots 323 and 358 in the 23rd District and 3rd Section of Floyd
County, Georgia and being more particularly described as follows:
Beginning at the intersection of the easterly right-of-way line of
Cave Springs Road and the northerly right-of-way line of Darlington
Drive (Old Furnace Road) and going thence from said point of
beginning in a northeasterly direction along the easterly right-of-way
line of Cave Springs Road a distance of 195.6 feet to a point located on
the southerly line of the property of Darlington School; going thence
in a northwesterly direction along the right-of-way of Cave Springs
Road on a northwesterly projection of the southern property line of
Darlington School a distance of 60 feet, more or less, to a point located
on the westerly right-of-way line of Cave Springs Road; going thence
in a southwesterly direction along the westerly right-of-way line of
Cave Springs Road to a point located at the intersection of the
westerly right-of-way line of Cave Springs Road and the northerly
right-of-way line of DeSoto Park Road; going thence across the right-
of-way of Cave Springs Road and along a southeasterly projection of
the northerly right-of-way line of DeSoto Park Road a distance of 80
feet, more or less, to a point located on the existing city limits line of
Rome, Georgia and also located on the easterly right-of-way line of
Cave Springs Road; going thence in a northeasterly direction along
the easterly right-of-way line of Cave Springs Road to a point located
at the intersection of the easterly right-of-way line of Cave Springs
Road and the northerly right-of-way line of Darlington Drive (Old
Furnace Road) and the point of beginning.
4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All that tract or parcel of land situated, lying and being in Land
Lot 356 in the 23rd District and 3rd Section of Floyd County, Georgia
and Land Lot 73 in the 22nd District and 3rd Section of Floyd
County, Georgia, and being more particularly described as follows:
Starting at the intersection of the easterly right-of-way line of Old
Lindale Road (Cedar Street) and the southern land lot line of Land
Lot 72 in the 22nd District and 3rd Section of Floyd County, Georgia,
and going thence north 00 degrees 32 minutes west along the easterly
right-of-way line of Old Lindale Road 1738.7 feet to a point; thence
north 81 degrees 37 minutes east 202.7 feet to a point; thence north 74
degrees 13 minutes east 324.2 feet to a point located on the westerly
land lot line of Land Lot 73; going thence south 80 degrees 12 minutes
east 142.1 feet to a point located on the westerly right-of-way line of
the Central of Georgia Railroad and the point of beginning. Going
thence from said point of beginning in a northeasterly and northerly
direction along the westerly right-of-way line of the Central of
Georgia Railroad to the point located at the intersection of said
westerly right-of-way line of the Central of Georgia Railroad and the
northern land lot line of Land Lot 356; going thence in an easterly
direction along the northern land line of said Land Lot 356 and across
the right-of-way of the Central of Georgia Railroad 100 feet to a point
located on the easterly right-of-way line of the Central of Georgia
Railroad; going thence in a southerly and southwesterly direction
along the Central of Georgia Railroad to a point located south 80
degrees 12 minutes east 100 feet from the point of beginning; going
thence north 80 degrees 12 minutes west across the right-of-way of
the Central of Georgia Railroad 100 feet to the point of beginning.
All that tract or parcel of land situated, lying and being in Land
Lots 124 and 125 in the 4th District and 4th Section of Floyd County,
Georgia and being more particularly described as follows:
Beginning at a point located at the intersection of the easterly
right-of-way line of Indiana Drive and the southerly right-of-way line
of the Central of Georgia Railroad, which said point is also located on
the easterly land lot line of Land Lot 125 and the existing city limits
line of the City of Rome, Georgia. Going thence from said point of
beginning in a northwesterly direction along the southerly right-of-
way line of Central of Georgia Railroad a distance of 3233.7 feet, more
or less, to a point located at the intersection of the southerly right-of-
way line of the Central of Georgia Railroad and the easterly right-of-
way line of Redmond Circle; continuing thence along said southerly
GEORGIA LAWS 1983 SESSION
4441
right-of-way line of the Central of Georgia Railroad 1002 feet, more or
less, to the easterly right-of-way line of a Georgia Power Company
easement; thence on a projection of said easterly line of said Georgia
Power Company easement in a northerly direction and across the
Central of Georgia Railroad right-of-way 66 feet, more or less, to a
point located on the northerly right-of-way line of the Central of
Georgia Railroad; thence in a southeasterly direction along the north-
erly right-of-way line of the Central of Georgia Railroad a distance of
4235.7 feet to a point where said northerly right-of-way line of the
Central of Georgia Railroad intersects the east land lot line of said
Land Lot 125; thence in a southerly direction along the east land lot
line of said Land Lot 125 a distance of 66 feet, more or less, to the
point of beginning.
All that tract or parcel of land situated, lying and being in Land
Lots 232 and 249 in the 23rd District and 3rd Section of Floyd
County, Georgia and being more particularly described as follows:
Beginning at a point located on the existing city limits line of the
City of Rome, Georgia, which said point is located at the intersection
of the southerly right-of-way line of Kingston Highway and the
westerly right-of-way line of Saint James Drive. Going thence from
said point of beginning along the southerly right-of-way line of
Kingston Highway 30 feet to a point located at the intersection of the
southerly right-of-way line of Kingston Highway and the easterly
right-of-way line of Saint James Drive; continuing thence along the
southerly right-of-way line of Kingston Highway 984.1 feet to a point
located at the intersection of the southerly right-of-way line of
Kingston Highway and the westerly right-of-way line of Keown Road;
continuing thence along the southerly right-of-way line of Kingston
Highway a distance of 30 feet to a point located at the intersection of
the southerly right-of-way line of Kingston Highway and the easterly
right-of-way line of Keown Road; going thence along a northeasterly
projection of the easterly right-of-way line of Keown Road across
Kingston Highway a distance of 50 feet to a point located on the
northerly right-of-way line of Kingston Highway; going thence in a
northwesterly direction along the northerly right-of-way line of King-
ston Highway a distance of 1044 feet, more or less, to an iron pin
located on the existing city limits line, which said iron pin is located
1295.38 feet as measured along the northerly right-of-way line of
Kingston Highway from its intersection with Fieldwood Road; going
thence south 01 degrees 47 minutes 38 seconds west along the existing
city limits line of the City of Rome, Georgia and across Kingston
Highway a distance of 50.00 feet to the point of beginning.
4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to extend and
change the boundaries of the City of Rome by certain annexations, to
repeal conflicting provisions, and for other purposes.
This 31st day of January, 1983.
John Adams
Representative,
16th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Adams, who, on oath, deposes
and says that he is Representative from the 16th 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: February 3,10,17,1983.
/s/ John Adams
Representative,
16th District
GEORGIA LAWS 1983 SESSION
4443
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
MUNICIPAL COURT OF COLUMBUS, GEORGIA
JURISDICTION, JUDGES SALARY, ETC.
No. 457 (House Bill No. 836).
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), an Act approved December 17,1953 (Ga. L. 1953, Nov. Sess., p.
256), an Act approved March 4, 1955 (Ga. L. 1955, p. 2772), an Act
approved March 5, 1957 (Ga. L. 1957, p. 2338), an Act approved
February 26, 1962 (Ga. L. 1962, p. 2229), an Act approved February
28,1966 (Ga. L. 1966, p. 2644), an Act approved March 21,1968 (Ga.
L. 1968, p. 2706), an Act approved March 10, 1970 (Ga. L. 1970, p.
2346), an Act approved March 29,1971 (Ga. L. 1971, p. 2241), an Act
approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), an Act
approved April 17, 1973 (Ga. L. 1973, p. 3061), an Act approved
March 28,1974 (Ga. L. 1974, p. 3774), an Act approved February 27,
1976 (Ga. L. 1976, p. 2727), an Act approved March 23,1977 (Ga. L.
1977, p. 3378), an Act approved March 24,1978 (Ga. L. 1978, p. 4471),
an Act approved March 26, 1980 (Ga. L. 1980, p. 4241), and an Act
approved April 12,1982 (Ga. L. 1982, p. 4044), so as to provide for an
increase in civil jurisdiction; to provide for the salaries of the judge,
4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
clerk, and marshal of said court; to provide for an increase in the costs
of said court; to provide that the judge, clerk, and marshal may also
serve in magistrate court; to provide for a judge pro hac vice; to
increase the contempt powers; to change the appearance day; to
provide for selection of jurors; and for other purposes so that this Act
will contain all laws and parts of laws pertaining to said Municipal
Court of Columbus, Georgia, in one volume of Acts of the General
Assembly; 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), an Act approved December 17,1953 (Ga. L. 1953, Nov.
Sess., p. 256), an Act approved March 4, 1955 (Ga. L. 1955, p. 2772),
an Act approved March 5, 1957 (Ga. L. 1957, p. 2338), an Act
approved February 26, 1962 (Ga. L. 1962, p. 2229), an Act approved
February 28,1966 (Ga. L. 1966, p. 2644), an Act approved March 21,
1968 (Ga. L. 1968, p. 2706), an Act approved March 10,1970 (Ga. L.
1970, p. 2346), an Act approved March 29,1971 (Ga. L. 1971, p. 2241),
an Act approved October 5,1971 (Ga. L. 1971, Ex. Sess., p. 2007), an
Act approved April 17, 1973 (Ga. L. 1973, p. 3061), an Act approved
March 28,1974 (Ga. L. 1974, p. 3774), an Act approved February 27,
1976 (Ga. L. 1976, p. 2727), an Act approved March 23,1977 (Ga. L.
1977, p. 3378), an Act approved March 24,1978 (Ga. L. 1978, p. 4471),
an Act approved March 26, 1980 (Ga. L. 1980, p. 4241), and an Act
approved April 12,1982 (Ga. L. 1982, p. 4044), is amended by striking
the enacting clause and all matter thereafter and inserting in lieu
thereof the following:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. In order to carry into effect within and throughout the
limits of Columbus, Georgia, and Muscogee County, Georgia, the
provisions of the Constitution of the State of Georgia, relating to the
abolition of justice courts and the offices of justices of the peace and
notaries public ex officio justices of the peace and the establishment
of municipal courts, said offices are abolished in Muscogee County
and the municipal court in and for Columbus, Georgia, and Muscogee
County is continued in existence under the name Municipal Court of
Columbus and Muscogee County, with its powers and jurisdiction as
hereinafter stated.
GEORGIA LAWS 1983 SESSION
4445
Section 2. Jurisdiction is conferred upon said Municipal Court of
Columbus and Muscogee County, within the limits of Muscogee
County, Georgia, in all matters, civil and criminal, and as a court of
inquiry, exercised by said justices of the peace, justice courts, and
notaries public ex officio justices of the peace.
Section 3. In addition to the matters and things over which said
justice courts, justices of the peace, and notaries public ex officio
justices of the peace now have jurisdiction, the said Municipal Court
of Columbus and Muscogee County shall have jurisdiction within the
limits of Muscogee County and Columbus, Georgia, concurrent with
the Superior Court of Muscogee County to try and dispose of all civil
causes or proceedings, of whatever nature, whether arising ex con-
tractu or ex delicto, under the common law or by statute, in which the
principal sum sworn to or claimed to be due, or the value of the
property in dispute does not exceed $7,500.00, and of which jurisdic-
tion is not vested by the Constitution and laws of Georgia exclusively
in another or other courts. The criminal jurisdiction of said munici-
pal court shall be throughout the limits of Muscogee County and
Columbus, Georgia, and shall be the jurisdiction in criminal matters
exercised by justices of the peace, notaries public ex officio justices of
the peace, and justice courts, and shall not exceed the jurisdiction
now or hereafter vested by law in the justice courts or the jurisdiction
hereafter vested by law in the magistrate courts of this state; except
that the judge of said Municipal Court of Columbus and Muscogee
County is empowered and authorized and given jurisdiction to accept
pleas of guilty or nolo contendere and to impose punishment and
penalties provided by law in all cases involving misdemeanors where
preliminary hearing is waived in writing by the accused and a plea of
guilty or nolo contendere entered by the accused in writing. When-
ever the words principal amount sworn to or claimed to be due are
used in this Act, it shall be held to mean the principal amount sued for
or the value of the property sued for or claimed or the alleged amount
of liens sought to be enforced by the defendant, set-off, or coun-
terclaim, exclusively of and not computing interest, hire, attorneys
fees, and costs.
Section 4. There shall be a judge, clerk, and marshal of said court
and also a deputy clerk or clerks and a deputy marshal or marshals of
said court; provided, further, that the present judge, clerk, and
marshal of said court now holding office shall complete their present
terms and shall hold office until January 1, 1985, and until their
respective successors are elected and qualified. The regular term of
4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
offices of the judge, clerk, and marshal of said court shall each be four
years, and for such regular term of office each shall be elected by the
qualified voters of Muscogee County quadrennially beginning in 1984
at the regular state election for the election of state house officers and
of members of the General Assembly.
Section 5. (a) Any person who shall be elected judge of said court
must, at the time of his election, have been a resident of Muscogee
County and a practicing attorney at law for at least five years
immediately preceding his election and must also be at least 25 years
of age. The judge of said court shall not practice law, shall not engage
in any practice of law usually conducted by an attorney at law,
whether in or out of the courts, and shall in all other respects be
subject to the same restrictions as are now imposed on the judges of
the superior courts of this state.
(b) However, the judge of said court may also serve as judge of
Magistrate Court of Columbus and Muscogee County.
Section 6. (a) The clerk or marshal of said court must be at the
time of his election a bona fide resident of Muscogee County.
(b) The clerk or marshal of said court may also serve, in each
respective position, as clerk and marshal of the Magistrate Court of
Columbus and Muscogee County.
Section 7. In the event the judge of said court is unable to
discharge the duties of his office by reason of his death or absence or
on account of sickness or for any cause he is disqualified from
presiding, if there is no other provision of law providing for a judge to
preside in said court, the Governor shall have the power to appoint
some competent attorney, a resident of Muscogee County and with
the same qualifications as the judge of said court, to preside in said
court; and, when so appointed, such attorney shall have the same
duties and powers. The compensation of such attorneys for actual
service shall be the same as that of the elected judge and shall be paid
by Columbus, Georgia, and deducted from the salary of the elected
judge of said court. In the case of death, resignation, or an absence
from his duties in which the judge of said court is unable to appoint a
judge pro hac vice, the chief judge of the Superior Court of Muscogee
County shall be empowered to appoint the judge of State Court of
Columbus, Georgia, to serve as judge pro hac vice of said municipal
court until an appointment is made by the Governor. A judge
GEORGIA LAWS 1983 SESSION
4447
appointed by the Governor shall serve until the first day of January
after the general election held next after the expiration of 30 days
from the time such vacancy occurs, at which election a successor for
the unexpired term shall be elected.
Section 8. (a) In any cause or matter before said court in which
the judge is disqualified, the parties in said cause or matter may agree
upon a judge pro hac vice who may preside; and in the event the
parties in any cause or matter in which the judge is disqualified
cannot agree upon a judge pro hac vice, the clerk of said court is
authorized to name a judge pro hac vice under the same circum-
stances as the clerk of the superior court may name a judge pro hac
vice and any person acting as judge pro hac vice, whether agreed upon
by the parties or appointed by the clerk of the said court, shall receive
no compensation.
(b) The judge of the State Court of Columbus, Georgia, may be
designated by the judge of the municipal court as judge pro hac vice in
his stead for the purpose of trying cases and handling matters, civil
and criminal, in the municipal court, either simultaneously with or at
separate times from the regular judge at the municipal court or other
judges pro hac vice. All said judges pro hac vice shall possess the
rights and powers vested in the judge of said municipal court for such
periods and in such matters as the judge of the municipal court may
designate by order. All acts and doings of said judges pro hac vice
shall be prima facie presumed to be duly authorized by order of the
judge of the municipal court.
Section 9. When a vacancy occurs in the office of the clerk or
marshal of said court, it shall be the duty of the judge of probate court
of Muscogee County to fill such vacancy by appointment for the
unexpired term of said clerk or marshal.
Section 10. The salary of the judge of said court shall be $25,500.00
per annum and shall be paid in equal monthly installments from the
funds of Columbus, Georgia. Any sums received in the form of fees or
salary by the judge of municipal court for serving as judge of the
Magistrate Court of Muscogee County shall be included in and
credited toward said judges salary so that he will receive no addi-
tional compensation.
Section 11. The salary of the clerk of the said court shall be
$18,000.00 per annum and shall be paid in equal monthly installments
4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from the funds of Columbus, Georgia. Any sum received by said clerk
in the form of fees or salary for serving as clerk of the Magistrate
Court of Muscogee County shall be included in and credited toward
said clerks salary so that the clerk will receive no additional compen-
sation.
Section 12. The salary of the marshal of said court shall be
$16,000.00 per annum and shall be paid in equal monthly installments
from the funds of Muscogee County and Columbus, Georgia. The
marshal shall also receive a maintenance allowance of not less than
$528.00 per annum for the purpose of maintaining the marshals
automobile properly to conduct the business of said court. Said
maintenance allowance as fixed by the governing authority of
Muscogee County and Columbus, Georgia, shall be paid to the
marshal in equal monthly installments from the funds of Muscogee
County. Any sum received by said marshal in the form of fees or
salary for serving in any capacity in Magistrate Court of Muscogee
County shall be included in and credited toward said marshals salary
so that the marshal will receive no additional compensation.
Section 13. The clerk of said court shall have the power to appoint
a deputy clerk or clerks, by and with the approval of the City Council
of Columbus, Georgia, as the business of said court may demand and
be necessary; and the salary and compensation of such deputy clerk or
clerks shall be fixed at such amount as the City Council of Columbus,
Georgia, may deem proper and paid by them in equal monthly
installments out of the treasury of Columbus, Georgia.
Section 14. The marshal of said county shall appoint a deputy
marshal or deputy marshals, by and with the approval of the City
Council of Columbus, Georgia, for properly conducting the business
of said court, as the business of said court may demand. The salary
and compensation of such deputy marshal or deputy marshals shall
be fixed at such amount as the City Council of Columbus, Georgia,
may deem proper and paid by them in equal monthly installments out
of the treasury of Columbus, Georgia.
Section 15. The judge of said court is clothed with the same
powers and authority as are conferred by the Constitution and laws of
this state upon a justice of the peace and with such other additional
rights, powers, and jurisdiction as are provided by the terms of this
Act. The judge of said court shall have the power and authority,
under the limitations of this Act, to hear, determine, and dispose of all
GEORGIA LAWS 1983 SESSION
4449
causes or cases, civil or criminal, of which said court has jurisdiction;
to give judgments and executions thereon, and to hold court from day
to day, continuously if necessary, to dispatch the business of said
court. The judge of said court shall have the same power to preserve
order, to compel obedience to his orders, to inflict summary punish-
ment for contempt, and to enforce the judgment of said court as is
given to the judges of the superior courts of this state. However, said
judge shall have no power to impose punishment for contempt
exceeding a fine of $150.00 or 20 days confinement in the county jail,
or both. In addition to the powers enumerated above in this section,
the judge of said court shall have all the powers, prerogatives, and
authority of the judges of the superior courts of this state, in matters
where the subject matter and amount involved are not beyond the
jurisdiction of said court; and upon the trial of any civil case in said
court, irrespective of the amount involved, the judge of said court
shall have the same powers and authority to grant a nonsuit, order a
mistrial, direct a verdict, and to charge the jury and generally, the
same powers and authority as are now or hereafter may be conferred
upon and exercised by the judges of the superior courts of this state.
Section 16. All the requirements and duties and powers and
authority imposed by law and conferred upon the clerk and deputy
clerk or clerks of Superior Court of Muscogee County 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, 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. However, 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 City Council of Columbus,
Georgia, are to be paid out of the treasury of Columbus, Georgia.
Section 17. It shall be the duty of the judge of said court to arrange
with the clerk thereof that either the judge, the clerk, or a deputy
clerk shall be continuously in the office of said court from 9:00 A.M. to
5:00 P.M. on all days of the week, Saturdays, Sundays, and holidays
excepted; and both the judge and clerk of said court shall at any time,
when called upon by any person desiring the same, issue warrants,
attachments, and garnishments, as now provided by law, and should
either the judge or clerk fail to comply with the provisions of this
section, upon information thereof from any citizen of Muscogee
County, the Governor shall cite the judge or clerk, or both, to show
4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cause, after five days written notice, why either or both should not be
removed from office. If, upon investigation, the Governor shall be
satisfied that said judge or clerk, or both, has or have failed to comply
with the duties imposed by this section, the Governor may, in the
exercise of his sound discretion, remove either or both from office;
and the vacancy or vacancies thus created shall be filled as provided
by law. The marshal of said court shall perform the duties as set out
in Section 16 of this Act and the same provisions of this Section 17
applicable to the judge and clerk shall apply to his office; and upon his
failure to do so, upon like information, citation, and investigation, as
in the case of the judge and clerk of said court, the Governor may, in
the exercise of his sound discretion, remove him from office; and the
vacancy thus created filled as provided by law.
Section 18. It shall be the duty of the judge of said court to see
that the officers of said court are diligent in the collection of costs;
and the judge shall adopt such measures and rules as he may deem
best to carry out this duty.
Section 19. The City Council of Columbus, Georgia, shall provide
a suitable and convenient place for holding said court and shall
provide all necessary books, blanks, stationery, filing cases, and other
necessary materials for keeping the dockets, files, and records, and for
conducting the business of said court, to be paid for out of the
treasury of Columbus, Georgia, and Muscogee County.
Section 20. A complete set of the published reports of the
Supreme Court and Court of Appeals of the State of Georgia and the
Acts of the General Assembly, commencing with the Acts of 1910 and
the Official Code of Georgia Annotated, 1982, shall be furnished to
the clerk of said court by the state librarian for the use of said court.
Section 21. Suits or proceedings in said court shall in all respects
be conformable to the mode of procedure in the superior courts of this
state, save and except as in this Act excepted. Process to suit or other
proceedings shall be annexed by the clerk or one of his deputies, bear
attest in the name of the judge thereof, and be directed to and served
by the marshal or one of his deputies. All executions, warrants, writs
and summary processes of any kind, garnishments, dispossessory
warrants, foreclosures of liens on personal property, and other liens
issued from said court shall be issued in the name of the judge thereof,
signed by the clerk or one of his deputies, and directed to the marshal
and his lawful deputies of said court and to all and singular the
GEORGIA LAWS 1983 SESSION
4451
sheriffs and deputy sheriffs and lawful constables of this state and
shall be executed as provided by law.
Section 22. The clerk of said court and the deputy clerks of said
court shall have complete power and authority, coexistent and coordi-
nate with the power of the judge of said court under the provisions of
this Act, to issue any and all warrants, civil or criminal, summary
processes and writs which are issuable as a matter of right; to accept
and approve bonds; and to discharge any and all other functions,
ministerial in character, which under the laws of this state are now
performable by a justice of the peace or a judge of magistrate courts.
Section 23. All warrants, summary processes, and writs issuing
out of said court shall be returnable to said court, in the same manner
and under the same general rules as such are required to be returned
to the superior courts or the justice courts of this state, as the case
may be.
Section 24. Said court shall be a court of record and shall have a
seal; and the clerk of said court shall keep accurate minutes and
records of all proceedings had in said court and such books and files as
are necessary for this purpose. However, the clerk shall not be
required to record any pleadings, motions, or other proceedings filed
in said court but shall preserve in suitable files all original papers in
each case which shall not be removed from said clerks office; and said
clerk shall keep an accurate docket of each case filed in said court,
which docket shall be properly indexed, and also an execution docket
showing all judgments entered in the same manner as now kept in the
Superior Court of Muscogee County. However, such minutes and
dockets shall constitute no notice to third parties; and no judgments,
executions, or other proceedings in said court shall constitute notice
to third parties unless and until such executions issued from said
court are recorded on the general execution docket of the Superior
Court of Muscogee County.
Section 25. The general laws of this state in regard to commence-
ment of actions in the superior courts and defenses thereto of
whatever nature, the pleadings, the method of procedure and practice
therein, the examination of parties to suits or witnesses, by inter-
rogatories or under subpoena, witnesses and their attendances, con-
tinuances, amendments, charge of the court, granting new trials, and
other matters of a judicial nature within the jurisdiction of said court
shall be applicable to said court, except as otherwise provided in this
Act.
4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 26. In all cases in said court in which the principal sum
claimed, or the value of the property in controversy, does not exceed
$250.00 the rules of pleading, as provided in Section 25 of this Act,
shall not be required of parties prosecuting or defending such actions
therein. It shall not be required to paragraph either petition or
answer, but such suits shall be commenced by summons, which shall
be issued in the name of the judge thereof, and signed by the clerk or a
deputy clerk, shall be directed to the marshal or his lawful deputies of
said court, and shall command the defendant to be and appear at the
time and place of trial, which time and place shall be specified in said
summons. Said clerk or deputy clerk shall attach a copy of the note,
account, or cause of action sued on to said summons at the time the
same is issued. All cases in said court, in which the amount involved
does not exceed $250.00, whether or not an answer or defense is filed,
are triable at the term to which the case is returnable. Suits for such
amounts and defenses thereto shall in other respects conform to the
procedure now prescribed in justice courts, except as otherwise
provided in this Act.
Section 27. The terms of said court shall be monthly and held
monthly on the second Monday in each month. The judge of said
court shall call the appearance docket on the second Tuesday in each
term, and in all cases in which no answer has been filed before 12:00
Noon on the first day of said term the judge, on the call of the
appearance docket, shall mark the same in default, and all cases so
marked shall thereby be ready for trial or judgment or both. After
rendition of final judgment in the case so marked in default, the
right of opening such default shall terminate immediately unless, by
order of the court or by consent of parties or counsel of record,
evidenced by a written stipulation filed with the clerk of said court. In
all cases in said court, in which the amount involved is over $100.00,
when an answer or defense is filed, such cases shall go over until the
next regular term of said court; but any further continuance shall be
governed by the laws of Georgia in regard to continuances in the
superior courts of this state.
Section 28. On the call of the appearance docket, as heretofore
provided, all cases ready for trial shall be assigned for trial by the
judge of said court on a day within the term to which they are brought,
unless continued for good cause. If a case placed on the trial calendar
is not disposed of within 180 days from the first day of the term at
which it is ready for trial, it may be dismissed by the judge, in the
exercise of a sound discretion, without prejudice to a new proceeding
and costs taxed against the delinquent party.
GEORGIA LAWS 1983 SESSION
4453
Section 29. Jurors shall be provided for said court by the jury pool
presently serving the courts of Columbus, Georgia, and Muscogee
County, Georgia.
Section 30. All laws with reference to the qualification, relation,
impaneling, challenging, and compensation of jurors now of force in
this state shall apply to and be observed in said court, except where in
conflict with the terms of this Act.
Section 31. In all jury trials in said court there shall be a jury of
six; and from the panel of traverse jurors drawn and summoned from
said jury pool plaintiff and defendant shall each be entitled to three
peremptory strikes.
Section 32. Every civil case in said court shall be tried by the judge
thereof, without a jury, unless a written demand for trial by jury is
filed in said court by either party or his counsel on or before the day of
docket call when said case is set for trial. Upon the failure of either
party to demand a trial by jury he shall be held to have waived such
right. When neither party demands a trial by jury, the judge of said
court shall have the right, on his own motion and within his discre-
tion, to refer any cause involving an issue of fact for trial by jury, in
the same manner as if demanded by either party thereto.
Section 33. (a) In all cases tried in said court in which the
principal sum claimed to be due or the value of the property in
controversy does not exceed the sum of $100.00, within five days after
the announcement of judgment by the court or upon rendition of the
verdict of the jury, either party or his counsel may make a written
motion for a new trial, which motion shall be heard at such time as the
court in its discretion may set for hearing, not later than 15 days from
the announcement of said judgment or rendition of said verdict,
unless continued by the court or by the consent or agreement of the
parties or their counsel. However, the judge of said court shall have
power to grant not more than two new trials in any one such case, and
from the judgment granting a new trial there shall be no appeal or
review, but the case shall stand for retrial de novo. In all other
respects, the same rules shall apply as in motions for new trials in the
superior courts of this state.
(b) In all cases in which the principal sum claimed, or the value
of the property in controversy, exceeds the sum of $100.00, either
party or his counsel may make a motion for new trial; and in such
4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cases the same rules governing motions for new trials in the superior
courts of this state shall govern and apply.
(c) From all judgments, orders, and rulings in said court, irre-
spective of the amount involved in any case, except as herein other-
wise provided, a direct appeal shall lie to the Court of Appeals or
Supreme Court of Georgia, in the same manner and under the same
rules and regulations as judgments, orders, and rulings of the superior
courts of this state are now reviewed; and the judge of said court shall
have the same powers and duties in connection therewith as the
judges of the superior courts now or hereafter may have. There shall
be no direct appeal from said municipal court to the Superior Court of
Muscogee County, Georgia.
Section 34. All judgments obtained in said court shall be liens
upon the property belonging to the defendant, to the same extent and
upon the same conditions as judgments of the superior courts of this
state; provided, however, no filing or docketing in said court shall
constitute notice to third parties and no execution issued from said
court shall constitute notice to third parties, unless and until the
same is duly filed on the general execution docket of the appropriate
superior court.
Section 35. All sales of personal property levied upon under
process of said court shall take place at the courthouse door in
Muscogee County, the usual place of holding sheriffs sales, during
the legal hours of sale, at public outcry, on the Monday next following
ten days advertisement by notice posted in two public places in the
City of Columbus, one of which shall be at the courthouse door. Said
advertisement shall describe the property to be sold, the place and
hour of sale, the name and residence of the owner of the property, and
the style of the case in which the execution issued. Such sales shall be
conducted by the marshal of said court or one of his deputies;
provided, however, that sales of perishable property and sales on the
premises where property is seized may be made as provided by law;
and provided, further, that in all cases where real estate is levied upon
under a process from said court, the subsequent proceedings shall
conform to the laws governing the sale of real estate.
Section 36. In all cases, except as hereinafter provided, in which
the principal sum claimed or the value of the property in controversy
does not exceed the sum of $100.00, the following fees and court costs
shall be assessed and collected by the officials of said court:
GEORGIA LAWS 1983 SESSION
4455
(1) For filing and docketing
each case......................................$ 1.00
(2) For each original
summons............................................50
(3) For each copy of
summons............................................50
(4) For affidavit and bond
to obtain attachment and
issuing the same................................ 2.70
(5) For settling each case
before judgment....................................50
(6) For each bail trover case,
whole costs................................... 3.00
(7) For filing paper in any
cause........................................... 1.00
(8) For entering up judgment
in each case..................................... 75
(9) For trial of each litigated
case without jury............................. 5.00
(10) For each witness sworn..............................50
(11) For issuing execution...............................75
(12) For affidavit to obtain
possessory warrant, making
out and issuing same........................... 1.25
For trying the same............................ 2.00
(13) For making out interrogatories
and certifying same............................. 1.25
(14) For making out recognizances
and returning the same
to court...................I......................50
4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(15) For each subpoena
for witness.................................... 1.00
(16) For issuing each distress
warrant...................................... 2.00
(17) For each affidavit when
no case is pending............................. 50
(18) For answering each writ of
certiorari to
superior court............................... 3.00
(19) For each motion for new
trial and order................................ 2.00
(20) For filing brief of
evidence and order......................... 2.00
(21) For presiding at trial
of forcible entry and
detainer....................................... 2.00
(22) For presiding at trial
of right-of-way................................ 2.00
(23) For presiding at tried
of nuisance.................................... 1.00
(24) For issuing rules to
establish lost
papers......................................... 1.00
For trying the same...............................50
(25) For witnessing
any paper.........................................50
(26) For affidavit and bond
to obtain garnishment.......................... 1.50
(27) For issuing summons of
garnishment................................... 50
GEORGIA LAWS 1983 SESSION
4457
(28) For each additional
copy of garnishment.................................25
(29) For settling each case
before judgment................................... 50
(30) For claim affidavit and
bond................................................50
For trying the same.................................50
(31) For certifying
transcript....................................... 1.00
(32) For issuing order to
sell perishable
property......................................... 1.00
(33) For each lien foreclosure
and docketing the
same........................................... 2.00
(34) For drawing jury, for
each case tried..............................|.. 1.00
(35) For summoning jury, for
each case tried.................................. 1.00
(36) For trial by jury, each
case tried...................................... 10.00
(37) For each order
issued....................................... 1.00
(38) For issuing commission
to take
interrogatories.................................. 3.00
(39) For backing fi. fa...................................50
(40) For rule against
officer......................................... 35
For trying the same.................................35
For judgment on
the same............................................35
4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(41) For attachment for contempt
against officer of
court.............................................50
(42) For issuing dispossessory
warrant with summons........................... 4.00
For service of same............................ 4.00
(43) For sale of property
the cost allowed as
commission shall be
6 1/4 percent
(44) For issuing each search
warrant..................................... 2.00
(45) For serving summons or
attachment.................................. 2.50
(46) For each return by
officer..................................... 2.00
(47) For serving each copy
of summons.................................. 4.00
(48) For summoning each
witness..................................... 1.50
(49) For marshal or deputy
marshal attending court,
for each judgment
rendered..........................................75
(50) For levying each
fi. fa......................................... 2.50
(51) For settling each fi.
fa. when property
not sold..........................................50
(52) For each search and
return nulla bona.............................. 2.50
GEORGIA LAWS 1983 SESSION
4459
(53) For keeping dog,
per day.......................................... 50
(54) For keeping horse, mule,
ox, or ass, per day............................ 1.25
(55) For keeping each head of
sheep, goats, or hogs,
per day...........................................50
(56) For keeping each head of
neat cattle, per day.......................... 1.00
(57) For serving rule to establish
lost papers................................... .35
For each additional copy......................... 30
(58) For serving each order
of court.................................... 1.50
For each additional copy..........................50
(59) For following property
out of county, returning,
per mile..........................................05
(60) For each advertisement.......................... 1.50
(61) For taking bond in
civil cases................................. 50
(62) For execution of
search warrant................................ 75
(63) For execution of
search warrant in
house or vessel................................ 3.00
(64) For serving garnishment
summons........................................ 3-00
For each additional
copy
1.00
4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(65) For removal of tenant from
property where it is
necessary to remove
his property............................... 12.50
(66) For each copy of warrant
and summons.............................. 1.00
(67) For issuing writ of
possession................................... 2.00
Section 37. The fees and costs set out in Section 36 above shall
apply to all cases and proceedings, irrespective of the amount
involved, except that in all cases or proceedings in which the principal
sum claimed or the value of the property in controversy exceeds the
sum of $100.00, the fees and costs assessable and collectible by said
court and the officials thereof, for the following items, shall be:
(1) For filing and docketing
each case not exceeding
$500.00.....................................$
(2) For filing and docketing
each case exceeding $500.00
but not in excess of
$1,000.00...................................
(3) For filing and docketing
each case exceeding
$1,000.00...................................
(4) For summons and copying each
unit for service per
100 words...................................
(5) For summons and copy of
suit for service after
first copy..................................
(6) For copying and issuing
process ....................................
2.00
5.00
8.00
.10
.75
1.00
GEORGIA LAWS 1983 SESSION
4461
(7) For issuing each fi. fa.
in excess of $500.00, but
not in excess of
$1,000.00...................................... 1.50
(8) For issuing each fi. fa.
in excess of
$1,000.00..................................... 2.00
(9) For each motion for new
trial involving in excess
of $500.00 but not in excess
of $1,000.00................................... 4.00
(10) For each motion for new
trial involving in excess
of $1,000.00................................... 6.00
(11) For brief of evidence and
order in each case in excess
of $500.00, but not in excess
of $1,000.00................................... 4.00
(12) For brief of evidence and
order in each case in excess
of $1,000.00................................... 6.00
(13) For settlement of cases in
excess of $500.00, but not in
excess of $1,000.00............................ 1.50
(14) For each settlement of cases
in excess of $1,000.00......................... 3.00
(15) For issuing order to sell
property in excess of $500.00,
but not in excess of
$1,000.00...................................... 3.50
(16) For issuing order to sell
property in excess of
$1,000.00.............
5.00
4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(17) For sale of property amounting
to over $100.00, the costs allowed
as commission shall be the costs
allowed the sheriffs of superior
court.
(18) For levy of each fi. fa. in
excess of $500.00, but not in
excess of $1,000.00............................ 4.00
(19) For levy of each fi. fa.
in excess of $1,000.00......................... 6.00
(20) For copy of bill of exceptions
for each case involving in
excess of $500.00, but not in
excess of $1,000.00............................ 2.50
(21) For copy of bill of exceptions
for each case involving in
excess of $1,000.00............................ 5.00
(22) For filing exceptions pendente
life for each case involving
in excess of $500.00 but not
over $1,000.00.................................. 2.00
(23) For filing exceptions pendente
life for each case involving
in excess of $1,000.00......................... 4.00
(24) For each bail trover case
involving in excess of
$500.00, but not in excess
of $1,000.00...............................|... 5.00
(25) For each bail trover case
involving in excess of
$1,000.00..................................... 7.50
In addition to the above costs, there may be assessed in each of
those dispossessory warrants in which a money judgment is sought
the following schedules of costs:
GEORGIA LAWS 1983 SESSION
4463
When the judgment sought is:
$100.00 or less $6.75 plus $2.00 for writ
More than $100
but not exceeding
$500.00 $8.65 plus $2.00 for writ
More than $500.00
but not exceeding
$1,000.00 $12.00 plus $2.00 for writ
More than $1,000.00
but not exceeding
$5,000.00 $16.50 plus $2.00 for writ
The fees and costs assessed and collectible by said court and those
officials thereof in all criminal cases or proceedings shall be as follows:
(a) For issuing warrant............................$ 5.00
(b) For each trial................................. 2.00
(c) For examining each witness.........................50
_ (d) For mittimus.................................... 50
(e) For issuing subpoena............................ 3.00
(f) For serving each subpoena..........................50
(g) For each arrest................................. 3.00
(h) For attending trial................................50
(i) For taking bond................................. 2.00
(j) For holding prisoner
pending examination.......................... 1.50
(k) For each waiver of
preliminary hearing
or trial and entering
4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
plea of guilty or
nolo contendere............................... 1.50
Other than provided in this Act, the fees and costs in criminal
proceedings in said court shall be the same as are now provided by law
in criminal cases or proceedings in the justice courts and before
justices of the peace of this state; and also, other than provided for in
this Act, the fees and costs in all civil cases or proceedings shall be the
same as now provided by law in cases or proceedings in the justice
courts and before justices of the peace of this state.
Section 38. All costs collected by the marshal, deputy marshals, or
deputy clerks of said court are to be turned over to the clerk of said
court, and all costs collected by the clerk of said court, either from the
marshal or from any other source, shall be paid into the treasury of
Muscogee County, on the first day of each month in full for the
preceding month. All costs collected by the clerk shall be deposited
by him in some bank in the City of Columbus designated by the judge
of said court, and shall be withdrawn therefrom only on the warrant of
the clerk, countersigned by the judge of said court; provided, further,
that no judge or other officer of said court shall receive to his own use
any fees or perquisite of office.
Section 39. All laws and parts of laws in conflict with this Act are
repealed; provided, however, that if any section or provision of this
Act shall be held unconstitutional or invalid by any court of compe-
tent jurisdiction, the corresponding original Acts sought to be
changed shall ipso facto and pro tanto stand reenacted and restored
and it shall not affect the validity and constitutionality of the
remainder of this Act.
Section 40. All laws and parts of laws in conflict with this Act are
repealed.
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 given that application will be made to Georgia General
Assembly 1983 Session for passage of a bill to amend Act establishing
GEORGIA LAWS 1983 SESSION
4465
Municipal Court of Columbus, Georgia (Ga. Laws 1952 p. 2184) as
amended to increase civil jurisdiction, increase judges, clerks, mar-
shals salaries, and allow them to serve in same positions in magistrate
court; provide for judges pro hac vice; increase comtempt powers;
provide rules of pleading, change appearance days; provide for juror
selections; and increase court costs.
William S. Cain, Jr.,
Judge, Municipal Court of
Columbus, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Milton Hirsch, who, on oath, deposes
and says that he is Representative from the 96th 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 1,8,15,1983.
/s/ Milton Hirsch
Representative,
96th District
Sworn to and subscribed before me,
this 24th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BALD MOUNTAIN WATER AND SEWER AUTHORITY
ACT.
No. 458 (House Bill No. 837).
AN ACT
To create the Bald Mountain Water and Sewer Authority; to
authorize the authority to acquire, construct, operate, and maintain
self-liquidating projects embracing sources of water supply and the
distribution and sale of water and related facilities to individuals,
private concerns, and municipal corporations; to authorize the
authority to acquire, construct, operate, and maintain sewer systems,
both sanitary and storm, sewage disposal and sewage treatment
plants, and any and all other related facilities; to confer powers and
impose duties on the authority; to provide for the membership and for
the election of members of the authority and their tenure of office,
qualifications, duties, powers, method of filling vacancies, and com-
pensation; to authorize the authority to contract with others pertain-
ing to water and sewer utilities and facilities and to execute leases and
do all things deemed necessary or convenient for the operation of such
undertakings or projects; to authorize the issuance of revenue bonds
of the authority payable from the revenues, tolls, fees, charges, and
earnings of the authority to pay the cost of such undertaking or
projects and authorize the collection and pledging of the revenues and
earnings of the authority for the payment of such bonds; to authorize
the execution of trust indentures to secure the payment thereof; to
define the rights of the holders of such obligations; to provide that no
debt of Union County shall be incurred in the exercise of any of the
powers granted by this Act; to make the bonds of the authority
exempt from taxation; to authorize the authority to condemn prop-
erty of every kind; to authorize the issuance of refunding bonds; to
provide for revenue and jurisdiction of certain actions; to provide for
the validation of bonds; to provide for severability; to provide an
effective date; 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 Bald Mountain Water and Sewer Authority Act.
GEORGIA LAWS 1983 SESSION
4467
Section 2. Bald Mountain Water and Sewer Authority, (a)
There is created a body corporate and politic, to be known as the
Bald Mountain Water and Sewer Authority, which shall be deemed
to be a political subdivision of the State of Georgia and a public
corporation, and by that name, style, and title said body may contract
and be contracted with, sue and be sued, implead and be impleaded,
and complain and defend in all courts of law and equity. The
authority shall have perpetual existence.
(b) The authority shall consist of five members. The following
persons are designated and appointed as members of the Bald Moun-
tain Water and Sewer Authority:
(1) Gerald C. Dyer, who shall hold an initial term of office
expiring on May 31,1988;
(2) F. C. Collins, who shall hold an initial term of office
expiring on May 31,1987;
(3) Archie B. Collins, who shall hold an initial term of office
expiring on May 31,1986;
(4) E. L. Cook, who shall hold an initial term of office
expiring on May 31,1985; and
(5) Homer G. Nix, who shall hold an initial term of office
expiring on May 31,1984.
The initial members of the authority shall enter upon the duties of
their office on the effective date of this Act and shall serve until the
expiration of their respective terms of office or until their successors
are duly elected and qualified. During the month of May, 1983, and in
the month of May of each year thereafter, a meeting of those persons,
firms, corporations, companies, and organizations who use the facili-
ties of the authority shall be called by the authority for the purpose of
electing successors to those members whose terms expire in such year.
Said meeting shall be called and conducted as hereinafter prescribed.
Except as otherwise provided herein, each member elected by the
users of the system shall enter upon the duties of this office on May 31
immediately following his election and shall serve for a term of office
of five years and until his successor is duly elected and qualified.
Members of the authority shall serve without compensation but shall
be reimbursed for their actual expenses necessarily incurred in the
4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
performance of their duties. The authority shall have the power to
establish bylaws and to promulgate and adopt rules and regulations
necessary or convenient for the government of the authority.
(c) To be eligible for election as a member of the authority a
person shall be at least 21 years of age, a resident of Union County for
at least two years prior to the date of his election, shall not have been
convicted of a felony, and at the time of election shall be a user of the
facilities of the authority. The provisions of this subsection shall not
apply to the initial members of the authority appointed under the
provisions of this section.
(d) The members of the authority shall elect one of their number
as chairman, another as vice-chairman and may also elect a secretary
and treasurer or a secretary or a treasurer, who need not be a member
of the authority. Such officers shall serve for a period of one year and
until their successors are duly elected and qualified. The chairman of
the authority shall not be entitled to vote upon any issue, motion, or
resolution, except in the case of a tie vote of the other members voting
on said motion, resolution, or question.
(e) Three members of the authority shall constitute a quorum.
No vacancy on the authority shall impair the right of the quorum to
exercise all of the rights and perform all of the duties of the authority.
(f) Should the initial term of any member of the authority expire
before there are any users of the facilities, the remaining members of
the authority shall elect, by majority vote, a person who is otherwise
duly qualified as a member of the authority to serve until the first
annual meeting of the users. In the event of a vacancy by reason of
death, disqualification, resignation, or other reason, the remaining
members of the authority shall elect, by majority vote, a qualified
person to fill the vacancy until the next annual election by the users of
the system, at which time the users of the system shall elect a
qualified person to fill the remaining unexpired term of the member
whose position has been vacated. A vacancy shall exist in the office of
any member of the authority who is convicted of a felony, who moves
his residence from Union County or from any adjoining county into
which the project has been extended by the authority, or who is
indicted or charged with any act of misfeasance, malfeasance, or
nonfeasance by the Union County grand jury, acting in its sole
discretion. If, for any reason whatsoever, the users of the system shall
fail to elect a member at any annual meeting to replace a member
GEORGIA LAWS 1983 SESSION
4469
whose term expires, the remaining members of the authority shall
elect, by majority vote, a duly qualified person as a member of the
authority to serve until the next annual meeting of the users.
(g) Annual meetings of the users of the facilities of the authority
shall be held in May of each year. Such annual meeting shall be called
by the authority, after notice thereof has been published in the
newspaper in Union County in which the sheriffs advertisements are
published, at least ten days prior to the date of such meeting. The
authority is authorized to promulgate and adopt rules and regulations
providing for the method and procedures for holding such annual
meetings and elections.
(h) The authority shall have a complete audit of its financial
condition made at least once in each calendar year by a certified
public accountant. Such audit shall remain on file at the office of the
authority for public inspection.
Section 3. Definitions. As used in this Act, the following words
and terms shall have the following meanings:
(1) The word authority shall mean the Bald Mountain
Water and Sewer Authority.
(2) The term cost of the project shall mean and embrace
the cost of construction, the cost of all lands, properties, rights,
easements, and franchises acquired, the cost of all machinery and
equipment, financing charges, interest prior to and during the
construction, and for one year after completion of construction,
cost of engineering, architectural and legal expenses, and of plans
and specifications, and other expenses necessary or incident to the
financing herein authorized, the construction of any project, the
placing of the same in operation, and the condemnation of prop-
erty necessary for such construction and operation. Any obliga-
tion or expense incurred for any of the foregoing purposes shall be
regarded as part of the cost of the project and may be paid or
reimbursed as such out of the proceeds of revenue bonds issued
under the provisions of this Act for such project.
(3) The word project shall mean and include the acquisi-
tion and construction of all necessary and usual water facilities
useful and necessary for the obtaining of one or more sources of
water supply within or without the territorial boundaries of Union
4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County, the treatment of water and the distribution and sale of
water to users and consumers, including counties and municipali-
ties, for the purpose of resale, within and without the territorial
boundaries of Union County and the operation, maintenance,
additions, improvements, and extensions of such facilities so as to
assure an adequate water utility system deemed by the authority
necessary or convenient for the efficient operation of such type of
undertaking. The word project shall also mean and include the
acquisition and construction of all necessary and usual facilities
useful and necessary for the gathering of waste matter, individual
and industrial, the treatment of such waste including the acquisi-
tion and construction of treatment plants, lagoons, without and
within the territorial boundaries of Union County, and the opera-
tion, maintenance, additions, improvements, and extensions of
such facilities deemed necessary by the authority to be necessary
or convenient for the efficient operation of a sanitary and storm
sewer system.
(4) The terms revenue bonds and bonds as used in this
Act shall mean revenue certificates as defined and provided for in
Article 3 of Chapter 82 of Title 36 of the O.C.G.A. as now or
hereafter amended, known as the Revenue Bond Law, and such
type of obligations may be issued by the authority as authorized
under said Revenue Bond Law and, in addition, shall also mean
obligations of the authority, the issuance of which are hereinafter
specifically provided for in this Act.
(5) Any project shall be deemed self-liquidating if, in the
judgment of the authority, the revenues and earnings to be
derived by the authority therefrom will be sufficient to pay the
cost of operating, maintaining and repairing, improving, or
extending the project and to pay the principal and interest of the
revenue bonds which may be issued for the cost of such project or
projects.
Section 4. Powers. The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise, and to hold,
lease, and dispose of real and personal property of every kind and
character for its corporate purposes;
GEORGIA LAWS 1983 SESSION
4471
(3) To acquire in its own name by purchase, on such terms
and conditions and in such manner as it may deem proper, or by
condemnation in accordance with the provisions of any and all
existing laws applicable to the condemnation of property for
public use, real property, or rights of easements therein, or fran-
chises necessary or convenient for its corporate purposes, and to
use the same so long as its corporate existence shall continue, and
to lease or make contracts with respect to the use of, or dispose of,
the same in any manner it deems to the best advantage of the
authority. In any condemnation proceedings such orders may be
made by the court having jurisdiction of suit, action, or proceed-
ings as may be just to the authority and to the owners of the
property to be condemned. No property shall be acquired under
the provisions of this Act upon which any lien or encumbrance
exists unless, at the time such property is so acquired, a sufficient
sum of money is deposited in trust to pay and redeem the fair
value of such lien or encumbrance. If the authority shall deem it
expedient to construct any project on any other lands the title to
which shall then be in the State of Georgia, the Governor is
authorized to convey, for and in behalf of the state, title to such
lands to the authority upon payment of the reasonable value of
such lands to the state treasurer for the credit of the general fund
of the state. Such value shall be determined by three appraisers to
be agreed upon by the Governor and the chairman of the author-
ity;
(4) To appoint, select, and employ officers, agents, and
employees, including engineering, architectural, and construction
experts, fiscal agents and attorneys, and fix their respective
compensations;
(5) To make contracts and leases and to execute all instru-
ments necessary or convenient, including contracts for construc-
tion or projects and leases of projects or contracts with respect to
the use of projects which it causes to be erected or acquired. Any
and all persons, firms, and corporations and any and all political
subdivisions, departments, institutions, or agencies of the state
are authorized to enter into contracts, leases, or agreements with
the authority upon such terms and for such purposes as they deem
advisable. Without limiting the generality of the above, authority
is specifically granted to municipal corporations, counties, and to
the authority to enter into contracts, lease agreements, or other
undertakings relative to the furnishing of water and related
4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
services and facilities by the authority to such municipal corpora-
tions and counties or for the purchase of water by the authority
therefrom for a term not exceeding 50 years;
(6) To construct, erect, acquire, own, repair, remodel, main-
tain, add to, extend, improve, equip, operate, and manage pro-
jects, as hereinabove defined, the cost of any such project to be
paid in whole or in part from the proceeds of revenue bonds of the
authority or from such proceeds and any grant or grants from the
United States or any agency or instrumentality thereof;
(7) To accept loans and/or grants of money, materials, or
property of any kind from the United States or any agency or
instrumentality thereof, upon such terms and conditions as the
United States or such agency or instrumentality may require;
(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, provided the same 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 Act.
Section 5. Revenue bonds. The authority, or any authority or
body which has or which may in the future succeed to the powers,
duties, and liabilities vested in the authority created hereby, shall
have the power and is authorized at one time, or from time to time, to
provide by resolution for the issuance of negotiable revenue bonds of
the authority, in a sum not to exceed $4,000,000.00 outstanding at any
one time, for the purpose of paying all or any part of the cost as herein
defined of any one or more projects. The principal and interest of
such revenue bonds shall be payable solely from the special fund
provided for such payment. The bonds of each issue shall be dated,
shall bear interest at such rate or rates not exceeding 9 percent per
annum, payable at such time or times, shall mature at such time or
times not exceeding 40 years from their date or dates, or at such times
exceeding 40 years as may hereafter be authorized by the bonding
laws of the State of Georgia, shall be payable in such medium of
GEORGIA LAWS 1983 SESSION
4473
payment as to both principal and interest as may be redeemable
before maturity, at the option of the authority, at such price or prices
and under such terms and conditions as may be fixed by the authority
in the resolution for the issuance of bonds.
Section 6. Same; form; denominations; registration; place of
payment. The authority shall determine the form of the bonds,
including any interest coupons to be attached thereto, and shall fix
the denomination or denominations of the bonds and the place or
places of principal and interest thereof, which may be at any bank or
trust company within or without the state. The bonds may be issued
in coupon or registered form, or both, as the authority may determine.
Provisions may be made for the registration of any coupon bond as to
principal alone and also as to both the principal and interest.
Section 7. Same; signatures; seal. In case any officer whose
signature shall appear on any bonds, or whose facsimile signature
shall appear on any coupon, shall cease to be such officer before the
delivery of such bonds, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if he had remained in office
until such delivery. All such bonds shall be signed by the chairman of
the authority and the official seal of the authority shall be fixed
thereto and attached by the secretary of the authority and any
coupons attached thereto shall bear the signature or facsimile signa-
ture of the chairman of the authority. Any coupon may bear the
facsimile signature of such persons and any bond may be signed,
sealed, and attested on behalf of the authority by such persons as at
the actual time of the execution of such bonds shall be duly autho-
rized or hold the proper office, although at the date of such bonds
such persons may not have been so authorized or shall not have held
such office.
Section 8. Same; negotiability; exemption from taxation. All
revenue bonds issued under the provisions of this Act shall have and
are declared to have all the qualities and incidents of negotiable
instruments under the negotiable instrument laws of this state. Such
bonds and the income thereof shall be exempt from all taxation
within the state.
Section 9. Same; sale; price. The authority may sell such bonds
in such manner and for such price as it may determine to be for the
best interests of the authority, but no such sale shall be made at a
price so low as to require the payment of interest on the money
4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
received therefor at more than 9 percent per annum, computed with
relation to the absolute maturity of the bonds in accordance with
standard tables of bond values, excluding, however, from such com-
putation, the amount of any premium to be paid on redemption of
any bond prior to maturity.
Section 10. Same; proceeds of bonds. The proceeds of such
bonds shall be used solely for the payment of the cost of the project or
projects, and unless otherwise provided in the resolution authorizing
the issuance of the bonds, or in the trust indenture, additional bonds
may in like manner be issued, to provide the amount of any deficit,
which, unless otherwise provided in the resolution authorizing the
issuance of the bonds, or in the trust indenture, shall be deemed to be
of the same, and shall be entitled to payment from the same fund,
without preference or priority of the bonds first issued for the same
purpose. If the proceeds of the bonds of any issue shall exceed the
amount required for the purpose for which such bonds are issued, the
surplus shall be paid into the fund, hereinafter provided, for the
payment of principal and interest of such bonds.
Section 11. Same; interim receipts and certificates of temporary
bonds. Prior to the preparation of definitive bonds, the authority
may, under like restrictions, issue interim receipts, interim certifi-
cates, or temporary bonds, with or without coupons, exchangeable for
definitive bonds upon the issuance of the latter.
Section 12. Same; replacement of lost or mutilated bonds. The
authority may also provide for the replacement of any bonds which
shall become mutilated or be destroyed or lost.
Section 13. Conditions precedent to issuance; object of issuance.
Such revenue bonds may be issued without any other proceedings, or
the happening of any conditions or things other than those proceed-
ings, conditions, and things which are specified or required by this
Act. In the discretion of the authority, revenue bonds of a single issue
may be issued for the purpose of any particular project. Any
resolution, providing for the issuance of revenue bonds under the
provisions of this Act shall become effective immediately upon its
passage and shall be published in the official newspaper for Union
County one time within a week of its being adopted, and any such
resolution may be passed at any regular or special or adjourned
meeting of the authority by a majority of it members.
GEORGIA LAWS 1983 SESSION
4475
Section 14. Credit not pledged. Revenue bonds issued under
the provisions of this Act shall not be deemed to constitute a debt of
Union County or a pledge of the faith and credit of said county, but
such bonds shall be payable solely from the fund hereinafter provided
for, and the issuance of such revenue bonds shall not directly,
indirectly, or contingently obligate the said county to levy or to pledge
any form of taxation whatever therefor, or to make any appropriation
for the payment, and all such bonds shall contain recitals on their face
covering substantially the foregoing provisions of this section.
Section 15. Same; trust indenture as security. In the discretion
of the authority, any issuance of such revenue bonds may be secured
by a trust indenture by and between the authority and a corporate
trustee, which may be any trust company or bank having the powers
of a trust company within or outside of the state. Such trust
indenture may pledge or assign fees, tolls, revenues, and earnings to
be received by the authority. Either the resolution providing for the
issuance of revenue bonds or such trust indenture may contain such
provisions for protecting and enforcing the rights and remedies of the
bondholders as may be reasonable and proper and not in violation of
law, including covenants setting forth the duties of the authority in
relation to the acquisition of property, the construction of the project,
the maintenance, operation, repair, and insurance of the project, and
the custody, safeguarding, and application of all moneys, and may
also provide that any project shall be constructed and paid for under
the supervision and approval of consulting engineers or architects
employed or designated by the authority, and satisfactory to the
original purchasers of the bonds issued therefor, and may also require
that the security given by contractors and by any depository of the
proceeds of the bonds or revenues or other moneys be satisfactory to
such purchasers, and may also contain provisions concerning the
conditions, if any, upon which additional revenue bonds may be
issued. It shall be lawful for any bank or trust company incorporated
under the laws of this state to act as such depository and to furnish
such indemnifying bonds or pledge such securities as may be required
by the authority. Such indenture may set forth the rights and
remedies of the bondholders as is customary in trust indentures
securing bonds and debentures of corporations. In addition to the
foregoing, such trust indenture may contain such other provisions as
the authority may deem reasonable and proper for the security of the
bondholders. All expenses incurred in carrying out such trust inden-
ture may be treated as a part of the cost of maintenance, operation,
and repair of the project affected by such indenture.
4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 16. Same; to whom proceeds of bonds shall be paid. The
authority shall, in the resolution providing for the issuance of revenue
bonds or in the trust indenture, provide for the payment of the
proceeds of the sale of the bonds to any officer or person, who, or any
agency, bank or trust company which, shall act as trustee of such
funds and shall hold and apply the same to the purposes hereof,
subject to such regulations as this Act and such resolution or trust
indenture may provide.
Section 17. Same, sinking funds. The revenues, fees, tolls, and
earnings derived from any particular project or projects, regardless of
whether or not such have been issued, unless otherwise pledged and
allocated, may be pledged and allocated by the authority to the
payment of the principal and interest on revenue bonds of the
authority as the resolution authorizing the issuance of the bonds or in
the trust instrument may provide, and such funds not pledged, from
whatever source received, which said pledge may include funds
received from one or more or all sources, shall be set aside at regular
intervals as may be provided in the resolution or trust indenture, into
a sinking fund, which said sinking fund shall be pledged to and
charged with the payments of (1) the interest upon such revenue
bonds as such interest shall fall due, (2) the principal of the bonds as
the same shall fall due, (3) the necessary charges of paying agents for
paying principal and interest, and (4) any premium upon bonds
retired by call or purchase as hereinabove provided. The use and
disposition of such sinking funds shall be subject to such regulations
as may be provided in the resolution authorizing the issuance of the
revenue bonds or in the trust indenture, but, except as may otherwise
be provided in such resolution or trust indenture, such sinking fund
shall be a fund for the benefit of all revenue bonds without distinction
or priority of one over another. Subject to the provisions of the
resolution authorizing the issuance of the bonds or in the trust
indenture, surplus moneys in the sinking fund may be applied to the
purchase or redemption of bonds and any such bonds so purchased or
redeemed shall forthwith be canceled and shall not again be issued.
Section 18. Same; remedies of bondholders. Any holder of
revenue bonds issued under the provisions of this Act or any of the
coupons appertaining thereto, and the trustee under the trust inden-
ture, if any, except to the extent the rights herein given may be
restricted by resolution passed before the issuance of the bonds or by
the trust indenture, may, either at law or in equity, by suit, action,
mandamus, or other proceedings, protect and enforce any and all
GEORGIA LAWS 1983 SESSION
4477
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 issue of revenue refunding bonds of
the authority for the purpose of refunding any revenue bonds issued
under the provisions of this Act and then outstanding, together with
accrued interest thereon. The issuance of such revenue refunding
bonds, the maturities and all other details thereof, the rights of the
holders thereof, and the duties of the authority in respect to the same,
shall be governed by the foregoing provisions of this Act insofar as the
same may be applicable.
Section 20. Same; venue and jurisdiction. Any action to protect
or enforce any rights under the provisions of this Act or any suit or
action against such authority shall be brought in the Superior Court
of Union County, Georgia, and any action pertaining to validation of
any bonds issued under the provisions of this Act shall likewise be
brought in said court which shall have exclusive, original jurisdiction
of such actions.
Section 21. Same; validation. Bonds of the authority shall be
confirmed and validated in accordance with the procedures of the
Revenue Bond Law, as amended. The petition for validation shall
also make party defendant to such action any municipality, county,
authority, subdivision, or instrumentality of the State of Georgia
which has contracted with the authority for services and facilities of
the water system for which bonds are to be issued and sought to be
validated, and such municipality, county, authority, subdivision, or
instrumentality shall be required to show cause, if any, why such
contract or contracts and the terms and conditions thereof should not
be inquired into by the court and the validity of the terms thereof be
determined and the contract or contracts adjudicated as security for
the payment of any such bonds of the authority. The bonds, when
validated, and the judgment of validation shall be final and conclu-
sive with respect to such bonds, against the authority issuing the
same, and any municipality, county, authority, subdivision, or instru-
mentality contacting with the said Bald Mountain Water and Sewer
Authority.
4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 22. Same; interest of bondholders protected. While any
of the bonds issued by the authority remain outstanding, the powers,
duties of existence of said authority, or of its officers, employees, or
agents, shall not be diminished or impaired in any manner that will
affect adversely the interests and rights of the holders of such bonds,
and no other entity, department, agency, or authority will be created
which will compete with the authority to such an extent as to affect
adversely the rights and interests of the holders of such bonds, nor
will the state itself so compete with the authority. The provisions of
this Act shall be for the benefit of the authority and the holders of any
such bonds, and upon the issuance of bonds under the provisions
hereof, shall constitute a contract with the holders of such bonds.
Section 23. Moneys received considered trust funds. All moneys
received pursuant to the authority of this Act, whether all proceeds
from the 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 various townships and citizens in Union
County and environs, including adjoining counties and municipalities
located therein, and further for the general purpose of gathering and
treatment of waste, both individual and industrial, but such general
purpose shall not restrict the authority from selling and delivering
water direct to consumers in those areas where there does not exist
water distribution systems or furnishing sewer facilities to such
consumers, and areas where neither any county nor municipality
deems it desirable or feasible to furnish water in such locality.
The authority shall also have authority, where it deems it feasible,
to sell its products and services to consumers, governmental agencies
or governmental instrumentalities of adjoining states, provided the
laws of the adjoining states do not prohibit or tax said activity.
The authority shall not have the authority to construct water lines
for the distribution of water directly to consumers within any water
district or municipality without first obtaining the express written
consent of the appropriate governing bodies of the above-referred to
water districts or municipalities.
GEORGIA LAWS 1983 SESSION
4479
Section 25. Rates, charges and revenues; use. The authority is
authorized to prescribe, fix, and collect rates, fees, tolls, or charges,
and to revise from time to time and collect such rates, fees, tolls, or
charges, for the services, facilities, or commodities furnished, and in
anticipation of the collection of the revenues of such undertakings or
project, to issue revenue bonds as herein provided to finance, in whole
or in part, the cost of the acquisition, construction, reconstruction,
improvement, betterment or extension of the water and sewer utility
system, and to pledge to the punctual payment of said bonds and
interest thereon all or any part of the revenues of such undertaking or
project, including the revenues of improvements, betterments, or
extensions thereto thereafter made.
Section 26. Rules and regulations for operation of projects. It
shall be the duty of the authority to prescribe rules and regulations
for the operation of the project or projects constructed under the
provisions of this Act, including the basis on which water and sewer
service and facilities shall be furnished.
Section 27. Powers declared supplemental and additional. The
foregoing sections of this Act shall be deemed to provide an additional
and alternative method for the doing of the things authorized thereby
and shall be regarded as supplemental and additional to powers
conferred by other laws and shall not be regarded as in derogation of
any powers now existing.
Section 28. Liberal construction of Act. This Act being for the
welfare of various political subdivisions of the state and its inhabi-
tants shall be liberally construed to effect the purposes thereof.
Section 29. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
invalid or unconstitutional, such adjudication shall in no manner
affect the other sections, subsections, sentences, clauses, or phrases of
this Act, which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part hereof. The General
Assembly declares that it would have passed the remaining parts of
this Act if it had known that such part or parts hereof would be
declared or adjudged invalid or unconstitutional.
Section 30. Effect on other governments. This Act does not in
any way take from Union County or any municipality located therein
4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or any adjoining county the authority to own, operate, and maintain
water or sewer systems or issue revenue certificates as is provided by
the Revenue Bond Law of Georgia.
Section 31. Effective date. This Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
Section 32. 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, 1983, a bill to create the Bald
Mountain Water and Sewer Authority, so as to provide water and
sewage for those local residence to be located within areas of Union
County, Georgia, and for such other purposes as may be fit and
proper.
This the 1st day of January, 1983.
Robbie Colwell
Attorney for Bald Mountain
Water & Sewer Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Carlton Colwell, who, on oath,
deposes and says that he 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
GEORGIA LAWS 1983 SESSION
4481
official organ of Union County, on the following dates: February 3,10,
17,1983.
/s/ Carlton H. Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 24th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
FORSYTH COUNTY ELECTION DISTRICTS FOR
MEMBERS OF BOARD OF EDUCATION CHANGED.
No. 459 (House Bill No. 578).
AN ACT
To change the composition of the districts from which members of
the board of education of Forsyth County are elected; 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) After the effective date of this Act, members of
the Forsyth County board of education shall be elected from the
education districts specified in this Act, but in all other respects the
election of said members shall continue to be governed by that
constitutional amendment which is set out at Ga. L. 1964, p. 975.
4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The education districts for the election of board members
shall be as follows:
Education District No. 1
Start at the point at which the centerline of Georgia Highway
20, Road Number F54-1, crosses the centerline of the Chattahoochee
River; thence in a general northwesterly direction along the centerline
of Georgia Highway 20, Road F54-1, to a point at which the centerline
of Georgia Highway 20 intersects the centerline extension of Nuckols
Road, Road Number 454; thence in a general northeasterly direction
along the centerline of Nuckols Road, Road Number 454, to a point at
which the centerline extension of Nuckols Road intersects the center-
line of Buford Dam Road, Road Number 85; thence in a general
westerly direction along the centerline of Buford Dam Road, Road
Number 85, to a point at which the centerline of Buford Road
intersects the centerline extension of Sanders Road, Road Number
86; thence in a general northerly direction along the centerline of
Sanders Road, Road Number 86, to a point at which said centerline
intersects the centerline of a creek flowing from Lake Alice into Lake
Sidney Lanier; thence in a general easterly direction along the center-
line of said creek to a point at which said creek flows into Lake Sidney
Lanier and thence in a general northerly direction along the shoreline
of Lake Sidney Lanier and following the meanderings thereof to a
point at which said shoreline intersects the centerline of Baldridge
Creek; thence in a general northwesterly direction along the center-
line of Baldridge Creek to a point at which said centerline intersects
the centerline of Pilgrim Mill Road, Road Number 97; thence in a
general southwesterly direction along the centerline of Pilgrim Mill
Road, Road Number 97, to a point at which the centerline of said
Pilgrim Mill Road intersects the city limits boundary of the City of
Cumming; thence in a general westerly, northerly, westerly, north-
erly, and westerly direction along the city limits of the City of
Cumming to a point at which said city limits intersects the centerline
of Georgia Highway Number 9, Road Number FI 14-1; thence in a
general northeasterly direction along the centerline of Georgia High-
way Number 9, Road Number F114-1, to a point at which said
centerline intersects the centerline extension of Dunn Road, Road
Number 202; thence in a general westerly direction along the center-
line of Dunn Road, Road Number 202, to a point at which the
centerline extension of Dunn Road intersects the centerline of Bettis
Gap Road, Road Number 201; thence in a general northwesterly
direction along the centerline of Bettis Gap Road, Road Number 201,
GEORGIA LAWS 1983 SESSION
4483
to a point at which the centerline extension of Bettis Gap Road, Road
Number 201, intersects the centerline of an unnamed road (known as
Spot Road, Road Number 276); thence in a general southwesterly
direction along the centerline of an unnamed road (known as Spot
Road, Road Number 276), to a point at which the centerline extension
of said Spot Road intersects the centerline of an unnamed road
(known as Bramblett Road), Road Number S1678, Road Number 452;
thence in a general southerly direction along said Bramblett Road,
Road Number S1678, Road Number 452, along the centerline thereof
to a point at which the centerline extension thereof intersects the
centerline of Georgia Highway 20 West, Road Number F54-1; thence
in a general southeasterly direction along the centerline of Georgia
Highway 20, Road Number F54-1, to a point where said centerline
intersects the centerline of Mountain Greek; thence in a general
westerly and southwesterly direction along the centerline of said
Mountain Creek to a point at which said centerline intersects the
centerline of Road Number 455 (known as Bethelview Road); thence
in a southeasterly direction along the centerline of said Road Number
455 (known as Bethelview Road) to a point at which said centerline
intersects the centerline of Kelley Mill Road, Road Number 5; thence
in a general easterly direction along the centerline of Kelley Mill
Road, Road Number 5, to a point at which said centerline intersects
the centerline of Kelly Mill Branch; thence in a general southwesterly
direction along the centerline of Kelly Mill Branch to a point at which
said centerline intersects the centerline extension of Sawmill Branch;
thence in a general southeasterly direction along the centerline of
Sawmill Branch, crossing under Gastleberry Road, Road Number 11,
to a point at which Sawmill Branch flows into an unnamed lake;
thence in a southeasterly and easterly direction along the general
southern shoreline of said unnamed lake to a point at which Sawmill
Branch enters said lake; thence in a general southerly direction along
the centerline of Sawmill Branch to a point at which the centerline of
Sawmill Branch intersects the centerline of Georgia Highway
Number 9, Road Number S1336, Road Number F114-1; thence in a
general southwesterly direction along the centerline of Georgia High-
way Number 9, Road Number S1336, Road Number F114-1, to a
point at which the centerline of Georgia Highway Number 9 inter-
sects the centerline extension of Georgia Highway 141, Road Number
F104-1; thence in a general southerly direction along the centerline of
Georgia Highway Number 141, Road Number F104-1 to a point at
which said centerline intersects the centerline extension of Brannon
Road, Road Number 18; thence in a general southeasterly direction
along the centerline of Brannon Road, Road Number 18, to a point at
4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which the centerline extension of Brannon Road intersects the cen-
terline of Old Atlanta Road, Road Number SI285, Road Number 450;
thence in a general southeasterly direction along the centerline of Old
Atlanta Road, Road Number S1285, Road Number 450, to a point at
which said centerline intersects the centerline extension of Daves
Creek Road, Road Number 78; thence in a general southeasterly
direction along the centerline of Daves Creek Road, Road Number 78,
to a point at which the centerline extension thereof intersects the
centerline of Trammell Road, Road Number 75; thence in a general
southwesterly direction along the centerline of Trammell Road, Road
Number 75, to a point at which said centerline intersects the center-
line of Daves Creek; thence in a general southeasterly and southerly
direction along the centerline of Daves Creek, and following the
meanderings thereof, to a point at which said centerline intersects the
centerline of James Creek; thence in a general southerly and easterly
direction along the centerline of James Creek crossing under Burgess
Road, Road Number 450, to a point at which the centerline extension
of said James Creek intersects the centerline of the Chattahoochee
River; thence in a general northeasterly direction along the centerline
of Chattahoochee River to a point at which said centerline intersects
the centerline of Georgia Highway Number 20, Road Number F54-1,
the point of beginning.
Education District No. 2
Start at a point at which the centerline of Road Number S2564,
Road Number 283, intersects the western boundary of Forsyth
County, the common boundary between Forsyth County and Fulton
County; thence in a general southeasterly and southerly direction
along the centerline of Road Number S2564, Road Number 283, to a
point at which the centerline extension thereof intersects the center-
line of Strickland Road, Road Number 43; thence in a general
southerly direction along the centerline of Strickland Road, Road
Number 43, to a point at which the centerline extension of Strickland
Road, Road Number 43, intersects the centerline of Road Number
283, Road Number S2564; (the following courses along Road Number
S2564 being along and with the southern boundary of Forsyth County
which is the common boundary between Forsyth County and Fulton
County) thence in a general easterly direction along the centerline of
Road Number 283, Road Number S2564, to a point at which the
centerline extension thereof intersects the centerline of Union Hill
Road, Road Number 456, Road Number S2564; thence in a general
easterly direction along the centerline of Union Hill Road, Road
GEORGIA LAWS 1983 SESSION
4485
Number 456, Road Number S2564, to a point at which said Road
becomes McGinnis Ferry Road, Road Number 458; thence in a
general southeasterly direction along the centerline of McGinnis
Ferry Road, Road Number 458, Road Number S2564, to a point at
which the centerline extension thereof intersects the centerline of the
Chattahoochee River; thence in a general northerly direction along
the centerline of the Chattahoochee River, and following the mean-
derings thereof, such centerline being the eastern boundary of For-
syth County, the common boundary between Forsyth County and
Gwinnett County, to a point at which said centerline intersects the
centerline extension of James Creek; thence in a general westerly
direction along the centerline of James Creek to a point at which said
centerline intersects the centerline extension of Daves Creek; thence
in a general northwesterly direction along the centerline of Daves
Creek to a point at which said centerline intersects the centerline of
Trammell Road, Road Number 75; thence in a northeasterly direction
along the centerline of Trammell Road, Road Number 75, to a point
at which said centerline intersects the centerline extension of Daves
Creek Road, Road Number 78; thence in a general westerly direction
along the centerline of Daves Creek Road, Road Number 78, to a
point at which said centerline extension intersects the centerline of
Old Atlanta Road, Road Number S1285, Road Number 450; thence in
a general northwesterly direction along the centerline of Old Atlanta
Road, Road Number S1285, Road Number 450, to a point at which
said centerline intersects the centerline extension of Brannon Road,
Road Number 18; thence in a general westerly direction along the
centerline of Brannon Road, Road Number 18, to a point at which the
centerline extension thereof intersects the centerline of Georgia
Highway 141, Road Number F104-1; thence in a northerly direction
along the centerline of Georgia Highway 141, Road Number F104-1,
to a point at which the centerline extension thereof intersects the
centerline of Georgia Highway Number 9, Road Number F114-1;
thence in a general westerly direction along the centerline of Georgia
Highway 9, Road Number F114-1, to a point at which said centerline
intersects the centerline extension of Moore Road, Road Number 34;
thence in a general westerly direction along the centerline of Moore
Road, Road Number 34, to a point at which said centerline intersects
the western boundary of Forsyth County, the common boundary
between Forsyth County and Fulton County; thence in a southerly
direction along the western boundary of Forsyth County to a point at
which the boundary intersects the centerline of an unnamed road,
Road Number S2564, Road Number 283, the point of beginning.
4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 3
Start at the point of intersection of the centerline of Moore
Road, Road Number 34, with the western boundary of Forsyth
County, the common boundary between Forsyth County and Fulton
County; thence in a general easterly direction along the centerline of
Moore Road, Road Number 34, to a point at which the centerline
extension thereof intersects the centerline of Georgia Highway 9,
Road Number F114-1; thence in a general easterly and northeasterly
direction along the centerline of Georgia Highway 9, Road Number
F114-1, to a point at which said centerline intersects the centerline of
Sawmill Branch; thence in a general northerly direction along the
centerline of Sawmill Branch to a point at which said branch flows
into an unnamed lake; thence in a general westerly and northwesterly
direction along the southern shoreline of said unnamed lake to a point
at which said Sawmill Branch exits from said unnamed lake; thence in
a general northwesterly direction along the centerline of Sawmill
Branch flowing under Castleberry Road, Road Number 11, to a point
at which the centerline extension thereof intersects the centerline of
Kelly Mill Branch; thence in a general northeasterly direction along
the centerline of Kelly Mill Branch to a point at which said centerline
intersects the centerline of Kelley Mill Road, Road Number 1; thence
in a general westerly direction along the centerline of Kelley Mill
Road, Road Number 1, changing to Road Number 5, to a point at
which said centerline intersects the centerline of Road Number 455
(known as Bethelview Road); thence in a northerly direction along the
centerline of Road Number 455 (known as Bethelview Road) to a
point at which said centerline intersects the centerline of Mountain
Creek; thence in a general northeasterly direction along the centerline
of Mountain Creek to a point at which said centerline intersects the
centerline of Georgia Highway Number 20, Road Number F54-1;
thence in a general northwesterly direction along the centerline of
Georgia Highway Number 20, Road Number F54-1, to a point at
which said centerline intersects the centerline extension of Bramblett
Road, Road Number S1678, Road Number 452; thence in a general
northerly direction along the centerline of Bramblett Road, Road
Number S1678, Road Number 452, to a point at which said centerline
intersects the centerline extension of an unnamed road (known as
Spot Road, Road Number 276); thence in a general northeasterly
direction along the centerline of an unnamed road (known as Spot
Road, Road Number 276), to a point at which said centerline inter-
sects the centerline extension of Chadwick Road, Road Number 232;
thence in a generally northerly and northeasterly direction along the
GEORGIA LAWS 1983 SESSION
4487
centerline of said Road Number 232 (Chadwick Road continuing as
Bramblett Road) to a point at which said centerline intersects the
centerline of an unnamed road, Road Number 245; thence in a
northeasterly direction along the centerline of said Road Number 245
to a point at which said centerline intersects the centerline of Thalley
Creek; thence in a generally northwesterly direction along the center-
line of Thalley Creek to a point at which the centerline extension
thereof intersects with the centerline of Settingdown Creek; thence in
a general westerly direction along the centerline of Settingdown
Creek, following the meanderings thereof, and crossing under
Bramblett Road, Road Number S1678, Road Number 452, to a point
at which the centerline of Settingdown Creek intersects with the
centerline of Burnt Bridge Road, Road Number 271; thence in a
general northerly direction along the centerline of Burnt Bridge
Road, Road Number 271, to a point at which the centerline extension
thereof intersects the centerline of Wallace Tatum Road, Road
Number 270; thence in a general westerly direction along the center-
line of Wallace Tatum Road, Road Number 270, said road becoming
Road Number 269 for a portion thereof, until a point at which the
centerline of Wallace Tatum Road intersects the centerline of Hurt
Bridge Road, Road Number 451; thence in a general southwesterly
direction along the centerline of Hurt Bridge Road, Road Number
451, to a point at which said centerline intersects the centerline of
Settingdown Creek; thence in a general westerly direction along the
centerline of Settingdown Creek, and following the meanderings
thereof, to a point at which the centerline of Settingdown Creek
intersects the western boundary of Forsyth County, the common
boundary between Cherokee County and Forsyth County; thence in a
southerly direction along the western boundary of Forsyth County,
the common boundary between Forsyth County and Cherokee
County, which then becomes the common boundary between Forsyth
County and Fulton County, to a point at which the western boundary
of Forsyth County intersects the centerline of Moore Road, Road
Number 34, the point of beginning.
Education District No. 4
Start at the point at which the centerline of Settingdown
Creek intersects the western boundary of Forsyth County, the
common boundary between Forsyth County and Cherokee County;
thence in a northerly direction along the western boundary of Forsyth
County, the boundary common between Forsyth County and
Cherokee County to a point representing the northern terminus
4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof, such point being the southern terminus of the common
boundary between Dawson County and Cherokee County; thence in
an easterly direction along the northern boundary of Forsyth County,
the common boundary between Forsyth County and Dawson County,
to a point at which the extension thereof intersects the ancient bed of
the Chattahoochee River, the historic boundary between Forsyth
County and Hall County now a part of Lake Sidney Lanier; thence in
a general southeasterly direction along the centerline of the ancient
Chattahoochee River to a point at which said centerline intersects the
centerline of Georgia Highway 53, Road Number F65-3; thence in a
southwesterly and northwesterly direction along the centerline of
Georgia Highway 53, Road Number F65-3, to a point at which said
centerline intersects the centerline extension of Westbrook Road,
Road Number 226; thence in a westerly and southerly direction along
the centerline of Westbrook Road, Road Number 226, to a point at
which the centerline extension thereof intersects the centerline of
Jotem Down Road, Road Number 171; thence in a general westerly
direction along the centerline of Jotem Down Road, Road Number
171, to a point at which said centerline intersects the centerline
extension of Road Number 162; thence in a general southerly direc-
tion along the centerline of Road Number 162 to a point at which said
centerline is intersected by the centerline extension of Road Number
163; thence in a general southwesterly direction along the centerline
of Road Number 163 to a point at which said centerline intersects the
centerline extension of Cantrell Road, Road Number 161; thence in a
general westerly and southerly direction along the centerline of
Cantrell Road, Road Number 161, to a point at which the centerline
extension thereof intersects the centerline of Georgia Highway 306,
Road Number S862; thence in a general southwesterly direction along
the centerline of Georgia Highway 306, Road Number S862 to a point
at which the centerline thereof intersects the right-of-way centerline
of Georgia Highway 400, U.S. Highway 19, Road Number F56-1;
thence in a general southwesterly direction along the right-of-way
centerline of Georgia Highway 400, U.S. Highway 19, Road Number
F56-1, to a point at which said centerline intersects the centerline of
Pilgrim Mill Road, Road Number S2884, Road Number 97; thence in
a general southwesterly directional along the centerline of Pilgrim
Mill Road, Road Number S2884, Road Number 97, to a point at which
said centerline is intersected by the city limits of the City of Cum-
ming; thence in a westerly, northerly, westerly, northerly, and west-
erly direction along the boundary line of the city limits of the City of
Cumming to a point at which said boundary intersects the centerline
of Georgia Highway Number 9, Road Number S1336; thence in a
GEORGIA LAWS 1983 SESSION
4489
general northerly direction along the centerline of Georgia Highway 9,
Road Number S1336, to a point at which said centerline is intersected
by the centerline extension of Dunn Road, Road Number 202; thence
in a general westerly direction along the centerline of Dunn Road,
Road Number 202, to a point at which the centerline extension
thereof intersects the centerline of Bettis Gap Road, Road Number
201; thence in a general northwesterly direction along the centerline
of Bettis Gap Road, Road Number 201, to a point at which the
centerline extension thereof intersects the centerline of an unnamed
road (known as Spot Road, Road Number 276); thence in a general
southwesterly direction along the centerline of an unnamed road
(known as Spot Road, Road Number 276), to a point at which said
centerline intersects the centerline extension of Chadwick Road,
Road Number 232; thence in a northerly direction along the center-
line of said Road Number 232 (Chadwick Road continuing as
Bramblett Road) to a point at which said centerline intersects the
centerline of an unnamed road, Road Number 245; thence in a
northeasterly direction along the centerline of said Road Number 245
to a point at which said centerline intersects the centerline of Thalley
Creek; thence in a generally northwesterly direction along the center-
line of Thalley Creek to a point at which the centerline extension
thereof intersects with the centerline of Settingdown Creek; thence in
a general northwesterly and westerly direction along the centerline of
Settingdown Creek to a point at which said centerline intersects with
the centerline of Burnt Bridge Road, Road Number 271; thence in a
general northerly direction along the centerline of Burnt Bridge
Road, Road Number 271, to a point at which the centerline extension
thereof intersects with the centerline of Wallace Tatum Road, Road
Number 270; thence in a general westerly direction along the center-
line of Wallace Tatum Road, Road Number 270, becoming Road
Number 269, to a point at which said centerline intersects with the
centerline of Hurt Bridge Road, Road Number 451; thence in a
general southwesterly direction along the centerline of Hurt Bridge
Road, Road Number 451, to a point at which said centerline intersects
the centerline of Settingdown Creek; thence in a general westerly
direction along the centerline of Settingdown Creek, and following
the meanderings thereof, to a point at which Settingdown Creek
intersects the western boundary of Forsyth County, the common
boundary between Forsyth County and Cherokee County, the point
of beginning.
4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education District No. 5
Start at the intersection of the centerline of Georgia Highway 20,
Road Number F54-1, with the centerline of the Chattahoochee River;
thence in a general northwesterly direction along the centerline of
Georgia Highway 20, Road Number F54-1, to a point at which said
centerline intersects the centerline extension of Nuckols Road, Road
Number 454; thence in a general northeasterly direction along the
centerline of Nuckols Road, Road Number 454, to a point at which
the centerline extension thereof intersects the centerline of Buford
Dam Road, Road Number 85, Road Number S2347; thence in a
general westerly direction along the centerline of Buford Dam Road,
Road Number 85, Road Number S2347, to a point at which said
centerline intersects the centerline extension of Sanders Road, Road
Number 86; thence in a northerly direction along the centerline of
Sanders Road, Road Number 86, to a point at which said centerline
intersects the centerline of a creek running from Lake Alice to Lake
Sidney Lanier; thence in a general easterly direction along the center-
line of said creek to a point at which said creek enters Lake Sidney
Lanier; thence in a general northerly direction along the shoreline of
Lake Sidney Lanier and following the meanderings thereof to a point
at which Baldridge Creek flows into Lake Sidney Lanier; thence in a
general northerly direction along the centerline of Baldridge Creek to
a point at which said centerline intersects the centerline of Pilgrim
Mill Road, Road Number 97, Road Number S2884; thence in a
general westerly direction along the centerline of Pilgrim Mill Road,
Road Number 97, Road Number S2884, to a point at which said
centerline intersects the right-of-way centerline of Georgia Highway
400, U.S. Highway 19, Road Number F56-1; thence in a general
northeasterly direction along the right-of-way centerline of Georgia
Highway 400, U.S. Highway 19, Road Number F56-1, to a point at
which said right-of-way centerline intersects the centerline of Georgia
Highway 306, Road Number S862, Road Number F12-1; thence in a
general northeasterly direction along the centerline of Georgia High-
way 306, Road Number S862, Road Number F12-1, to a point at
which said centerline intersects the centerline of Cantrell Road, Road
Number 161; thence in a general northerly and easterly direction
along the centerline of Cantrell Road, Road Number 161, to a point at
which the centerline extension thereof intersects the centerline of
Road Number 163; thence in a general northeasterly direction along
the centerline of Road Number 163 to a point at which the centerline
extension thereof intersects the centerline of Road Number 162;
thence in a general northerly direction along the centerline of Road
GEORGIA LAWS 1983 SESSION
4491
162 to a point at which the centerline extension thereof intersects the
centerline of Jotem Down Road, Road Number 171; thence in a
general easterly direction along the centerline of Jotem Down Road,
Road Number 171, to a point at which the centerline thereof inter-
sects the centerline extension of Westbrook Road, Road Number 226;
thence in a general northerly and easterly direction along the center-
line of Westbrook Road, Road Number 226, to a point at which the
centerline thereof intersects the centerline of Georgia Highway 53,
Road Number F65-3; thence in a general southeasterly and northeast-
erly direction along the centerline of Georgia Highway 53, Road
Number F65-3, to a point at which said centerline intersects the
centerline of the ancient bed of the Chattahoochee River, now a part
of Lake Sidney Lanier, the eastern boundary of Forsyth County and
the common boundary between Forsyth County and Hall County;
thence in a general southeasterly and southwesterly direction along
the ancient bed of the Chattahoochee River, the centerline thereof
forming the common boundary between Forsyth County and Hall
County, traversing Buford Dam and continuing along the centerline
of the Chattahoochee River, the eastern boundary of Forsyth County
and the common boundary between Forsyth County and Gwinnett
County, to a point at which said centerline intersects the centerline of
Georgia Highway Number 20, Road Number F54-1, the point of
beginning.
The above descriptions of education districts of the Political
Subdivision of Forsyth County, State of Georgia, are derived from the
GENERAL HIGHWAY MAP, FORSYTH COUNTY, GEORGIA,
PREPARED BY THE DEPARTMENT OF TRANSPORTATION,
DIVISION OF PLANNING AND PROGRAMMING, PLANNING
DATA SERVICES, dated 1982, showing a last revision date of August
27, 1982, and bearing thereon the numerical designation 117/058,
which map is incorporated herein for a more particular description of
the education district boundaries hereinabove set forth. The designa-
tion Mountain Creek referenced in the descriptions hereinabove set
forth does not appear on said General Highway Map, and is derived
from a resolution of the Board of Commissioners of Forsyth County,
adopted February 14, 1983, and appearing on the minutes of said
Board of Commissioners of Forsyth County, Georgia.
(c) If any portion of the Forsyth County School District is not
included in any of the education districts described in subsection (b)
of this section, then such portion shall be a part of the adjacent
education district which has the least population according to the
United States decennial census of 1980.
4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective July 1,1983.
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 1983
Session of the General Assembly of Georgia, legislation to change the
composition of the districts from which members of the board of
education of Forsyth County are elected; to provide for all related
matters; to repeal conflicting laws; and for other purposes.
This 20th day of December, 1982.
Bill H. Barnett
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill H. Barnett, who, on oath, deposes
and says that he is Representative from the 10th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Forsyth County News which is the official organ
of Forsyth County, on the following dates: December 22,29,1982 and
January 5,1983.
/s/ Bill H. Barnett
Representative,
10th District
GEORGIA LAWS 1983 SESSION
4493
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
COLUMBUS, GEORGIA HTORT LIABILITY
REDEFINED.
No. 460 (House Bill No. 508).
AN ACT
To amend an Act providing a charter for the county-wide govern-
ment of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971,
Ex. Sess., Sept.-Oct., p. 2007), as amended, so as to redefine the tort
liability of the government; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a charter for the county-wide
government of Columbus, Georgia, approved October 5,1971 (Ga. L.
1971, Ex. Sess., Sept.-Oct., p. 2007), as amended, is amended by
striking Section 8-202, relating to tort liability, in its entirety and
inserting in lieu thereof a new Section 8-202 to read as follows:
8-202. Tort Liability. The tort liability, expressly including
liability based on a theory of nuisance, of the consolidated govern-
ment shall be the tort liability applicable to counties. Such tort
liability shall be uniform throughout the territorial limits of the
consolidated government.
4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session
of the General Assembly of Georgia convening in January, 1983, for
the passage of an Act amending the Charter of Columbus, Georgia, so
as to define tort and nuisance liability for Columbus, Georgia by
making the rules governing county governments in Georgia for such
liability applicable throughout the territorial limits of Columbus,
Georgia.
E. H. Polleys, Jr.
City Attorney,
Columbus, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas B. Buck, III, who, on oath,
deposes and says that he 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: December
9,16,23,1982.
/s/ Thomas B. Buck, III
Representative,
95th District
GEORGIA LAWS 1983 SESSION
4495
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
RICHMOND COUNTY SHERIFFS MERIT SYSTEM
BOARD CREATED POWERS, DUTIES,
RESPONSIBILITIES, ETC.
No. 461 (House Bill No. 449).
AN ACT
To provide for and create a merit system of employment and
personnel administration for employees of the sheriff in Richmond
County; to provide definitions; to create the Richmond County
Sheriffs Merit System Board; to provide for the membership of the
board; to provide for the powers, duties, and responsibilities of the
board; to provide exceptions; to provide for policies and procedures;
to provide procedures for the carrying out of the boards functions; to
provide for hearings and procedures; to provide for expenses of the
board; to provide certain rights for chief deputies; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. As used in this Act, the term:
(1) Board means the Richmond County Sheriffs Merit
System Board created by this Act.
4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) (A) Employee means any employee, except as pro-
vided in subparagraph (B) of this paragraph, of the sheriff of
Richmond County including, but not limited to, deputy sher-
iffs.
(B) Employee shall not include any member of the
sheriffs department with the rank or position of chief deputy
or above and shall not include the personal secretary of the
sheriff.
(3) Employer means the sheriff of Richmond County.
Section 2. (a) There is created and established a merit system of
employment and personnel administration for employees of the
sheriffs department of Richmond County, which shall he governed
by the Richmond County Sheriffs Merit System Board.
(b) All employees shall be placed under a merit system of
employment and personnel administration.
Section 3. (a) The board shall be composed of seven members as
follows:
(1) Three citizens of Richmond County who shall be
appointed by the governing authority of Richmond County.
(2) Three citizens of Richmond County who shall be
appointed by the members of the General Assembly who represent
Richmond County.
(3) One citizen of Richmond County appointed by the gov-
erning authority of Richmond County from a list of three persons
submitted by the members of the General Assembly who repre-
sent Richmond County. No person shall be appointed under this
paragraph unless such person has at least four years experience in
personnel management or its equivalent.
(b) Initial members appointed by Richmond County shall be
appointed for terms of one year, two years, and three years; and initial
members appointed by the members of the General Assembly shall be
appointed for terms of one year, two years, and three years. The
initial member appointed by the governing authority from the list of
three persons shall be appointed for a term of three years. Thereafter,
GEORGIA LAWS 1983 SESSION
4497
members shall be appointed for terms of three years. No appointed
member of the board shall hold any public office and no appointed
member shall be a public employee. Five members of the board shall
constitute a quorum for the purpose of conducting business.
(c) The member appointed by the governing authority from the
list of three persons submitted by the members of the General
Assembly shall be the initial chairman of the board and shall serve as
chairman for a term of two years and until his successor is selected
and qualified. Thereafter, the board shall, every two years, select a
chairman from among its members who shall serve until his successor
is selected and qualified.
(d) Vacancies on the board shall be filled in the same manner
and by the same authority which appointed the member whose
position has become vacant. The member so appointed shall serve for
the unexpired term.
(e) Any member of the board who does not attend three consecu-
tive meetings of the board shall be deemed to have vacated his
position and the appointing authority shall fill such vacancy for the
unexpired term. The board may excuse any absence, in which case no
vacancy shall occur.
Section 4. It shall be the duty, function, and responsibility of the
board to represent the interest of the public in the improvement of
personnel administration and the selection of qualified personnel. All
meetings of the board shall be held in offices provided therefor by the
governing authority of Richmond County. The governing authority of
said county is authorized to provide necessary clerical assistance to
the board and may use the employees of the Personnel Office of the
governing authority of Richmond County to provide such assistance.
Said board shall hold regular meetings at least once a month and may
hold additional meetings as may be required for the proper discharge
of its duties.
Section 5. All employees, as defined in this Act, shall be subject
to the full provisions of this Act and shall come under the jurisdiction
of the board.
Section 6. The duties and functions of the board shall be as
follows:
4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) To hold public hearings regarding proposed merit system
policies and procedures and standards of the merit system and
thereafter to adopt policies and procedures and standards effectuat-
ing the merit system established under this Act. Such policies and
procedures shall include provisions for the conduct of examinations
for appointment under the merit system, the certification of eligible
persons, appointments, promotions, transfers, demotions, separa-
tions, tenure, service ratings, reinstatements, appeals, and such addi-
tional policies and procedures as may be deemed to be in the best
interest of impartial selection of efficient personnel. Such policies
and procedures shall prohibit political activity by any employee
covered by the merit system or the board. The policies and proce-
dures may provide for the establishment of a register of persons
eligible for appointment under the merit system. Said policies and
procedures when proposed by the board as aforesaid and approved
and adopted by the board shall be binding upon all employers and
employees.
(b) To conduct hearings and render decisions on charges pre-
ferred against employees of the sheriffs department included in said
merit system and to hear appeals from any employee who claims to
have been improperly dismissed.
(c) The board shall keep and maintain an accurate record of
minutes, and the governing authority of Richmond County shall
provide clerical assistance to maintain such records.
(d) Said board shall be authorized to make amendments, addi-
tions to, and changes in said policies and procedures from time to
time and, when said amendments, changes, or additions are adopted,
said amendments shall be binding on all parties affected by said merit
system.
(e) The authority and jurisdiction of the board shall be limited
to those areas enumerated in subsection (a) of this section and shall
not extend to matters relating to compensation; workers compensa-
tion; insurance; pension and retirement plans and benefits; sick leave;
vacation; leaves of absence; military leaves; regulations of the sheriff
pertaining to firearms, uniforms, officers-in-charge, preventive main-
tenance, safe driving techniques, and duty requirements; and holi-
days for employees.
GEORGIA LAWS 1983 SESSION
4499
(f) The authority and jurisdiction of the board shall not extend
to any matter relating to law enforcement duties or other duties which
the sheriff is required by law to perform.
Section 7. No employee who has been brought under the merit
system pursuant to this Act may be dismissed from employment
except for good cause and in accordance with policies and procedures
of the board. Any employee who is dismissed shall have the right of
appeal pursuant to the terms of the policies and procedures pre-
scribed for appeal by the board. Such appeal shall be heard at the
next regular or special meeting of the board after it is filed and must
be heard and determined by the board within 45 days of the date said
appeal is filed with the board; however, such dismissed employee
must file his appeal with the board in writing within ten days from the
date of his dismissal and provided that this provision shall not apply
to persons dismissed from employment due to curtailment in funds,
reduction in staff, or abolition of the job held by such employee. The
decision of the board shall be binding upon the employer as to
whether such dismissal was for proper cause.
Section 8. Any final action of the board, including promulgating
policies and procedures and changes thereto and rendering decisions
on review and appeal of actions by employers and employees under
such policies and procedures, shall, within five days of such action, be
submitted to the employer for review. If within five days of receipt,
the employer does not object in writing to such action, such action
shall become of full force and effect and shall be binding on the
employer and employee. If the employer files a written objection to
such action with the board within five days, such action shall have no
force and effect unless the board overrides such written objection by
an affirmative vote of five members of the board, in which case such
action shall become of full force and effect and shall be binding on the
employer and employee.
Section 9. All costs, expenses, and supplies for the establishment
and operation of the merit system and the board shall be borne by the
county and paid out of county funds as a cost of administration. The
members shall receive no compensation of any kind for service as a
member of the board.
Section 10. Notwithstanding the fact that individuals with the
rank or position of chief deputy or above are not covered by the
Richmond County Sheriffs Merit System Board, no sheriff shall
4500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
reduce any chief deputy below the rank of lieutenant except for good
and justifiable cause.
Section 11. This Act shall become effective on June 1,1983.
Section 12. 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
1983 Session of the General Assembly of Georgia a Bill to create a
Merit System of employment for all or some of the employees of the
Sheriff of Richmond County who are paid in whole or part by County
funds; to repeal conflicting laws; and for other purposes.
This 13th day of December, 1982.
Mike Padgett
Representative,
86th District
Georgia, Richmond County.
Personally appeared before me, a Notary Public, the undersigned,
Paul S. Simon, who, on oath, says that he is the President of
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the County of Richmond, who certifies that the legal
notice of intention to apply for local legislation was duly published
GEORGIA LAWS 1983 SESSION
4501
once a week for three weeks, as required by law, said dates of
publication being December 20,27,1982, and January 3,1983.
/s/ Paul S. Simon, President
Southeastern Newspapers Corp.
Publisher of the Augusta
Herald, Richmond County,
Georgia
Sworn to and subscribed before me,
this 5th day of January, 1983.
/s/ JoAnn M. Lundquist
Notary Public, Georgia State at Large.
My Commission Expires June 28, 1986.
(Seal).
Approved March 29, 1983.
STATE COURT OF FULTON COUNTY TERMS
OF COURT, ETC.
No. 462 (House Bill No. 550).
AN ACT
To amend an Act creating the State Court of Fulton County,
approved March 24,1976 (Ga. L. 1976, p. 3023), as amended, so as to
provide terms of court; to repeal a provision relating to criminal
procedure 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 Fulton County,
approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, is
amended by adding immediately following Section 13 a new Section
13A to read as follows:
4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13A. The State Court of Fulton County shall have six
terms each year beginning on the first Mondays in January, March,
May, July, September, and November.
Section 2. An Act amending an Act establishing the City Court
of Atlanta, approved December 15,1871 (Ga. L. 1871, p. 57), and an
amendatory Act thereto establishing the Criminal Court of Fulton
County, approved September 6, 1891 (Ga. L. 1890-91, p. 935), as
amended, particularly by an Act approved March 24, 1976 (Ga. L.
1976, p. 3019) is amended by repealing Section 1 of the amendatory
Act approved March 24,1976 (Ga. L. 1976, p. 3019), relating to certain
criminal procedures in said court, in its entirety, and the repeal of
said Section 1 shall not revive Section 7 of the Act approved
September 6, 1891 (Ga. L. 1890-91, p. 935) as it existed prior to the
amendatory Act approved March 24,1976 (Ga. L. 1976, p. 3019).
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
1983 Session of the General Assembly of Georgia a bill to amend an
Act creating the State Court of Fulton County, approved February 24,
1976 (Ga. L. 1976, p. 3023), as amended, and for other purposes.
This 21st day of December, 1982.
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 is Representative from the 33rd District, and
GEORGIA LAWS 1983 SESSION
4503
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
23,30,1982, and January 6,1983.
/s/ J. C. Daugherty
Representative,
33rd District
Sworn to and subscribed before me,
this 9th day of February, 1983.
/s/ Ann L. Wiley
Notary Public, Georgia State at Large.
My Commission Expires July 29, 1986.
(Seal).
Approved March 29, 1983.
CLAYTON COUNTY BOARD OF COMMISSIONERS
MEETINGS, ETC.
No. 463 (House Bill No. 563).
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 5,1971 (Ga. L. 1971,
p. 3208), an Act approved February 26, 1973 (Ga. L. 1973, p. 2005),
and an Act approved February 11,1977 (Ga. L. 1977, p. 2610), so as to
change the provisions relating to meetings; to change the method of
selecting the vice-chairman; to define the duties and powers of the
4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
chairman and board of commissioners; to create the position of chief
administrative assistant; to provide an effective date; to repeal a
specific Act relating to planning and zoning; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of
Clayton County, approved February 8,1955 (Ga. L. 1955, p. 2064), as
amended, particularly by an Act approved April 5,1971 (Ga. L. 1971,
p. 3208), an Act approved February 26, 1973 (Ga. L. 1973, p. 2005),
and an Act approved February 11, 1977 (Ga. L. 1977, p. 2610), is
amended by striking Section 4 in its entirety and substituting in lieu
thereof a new Section 4 to read as follows:
Section 4. Meetings. The board of commissioners shall hold
regular meetings on the first and third Tuesday of each month at the
county courthouse, unless postponed to a subsequent date by action
taken at a regular meeting. Meetings shall be open to the public. The
board of commissioners may hold such additional meetings as shall be
necessary when called by the chairman or any three members of the
board, provided the chairman and all board members shall have been
notified at least three days in advance of such special meeting.
Whenever any regular meeting of the board shall fall on a holiday, the
meeting shall be held on the following day. No official action shall be
taken by the board except in a meeting which is open to the public.
Any three members of the board 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 affirma-
tive vote of at least three members of the board. The chairman shall
be entitled to the same voting rights as other board members on
questions considered by the board. All zoning meetings shall be
conducted at night beginning at 7:30 P.M.
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. Vice-chairman, (a) (1) At the first regular meeting in
January of each odd-numbered year, a vice-chairman shall be
selected as provided in this section. The vice-chairman shall serve
until the first regular meeting in January of the next odd-num-
bered year and until his successor is selected and qualified.
GEORGIA LAWS 1983 SESSION
4505
(2) Beginning at the first regular meeting in January, 1985,
the vice-chairman shall be the senior member of the board in years
of service representing Commissioner District A. If the senior
member of the board declines to serve, the other member of the
board representing Commissioner District A shall serve as vice-
chairman. If both members of the board representing Commis-
sioner District A are equal in years of service, the board may select
either member to serve as vice-chairman.
(3) Beginning at the first regular meeting in January, 1987,
the vice-chairman shall be the senior member of the board in years
of service representing Commissioner District B. If the senior
member of the board declines to serve, the other member of the
board representing Commissioner District B shall serve as vice-
chairman. If both members of the board representing Commis-
sioner District B are equal in years of service, the board may select
either member to serve as vice-chairman.
(4) Thereafter, the vice-chairmanship shall be rotated
between Commissioner Districts A and B in the manner set forth
in paragraphs (2) and (3) of this subsection.
(b) In the event the chairman is temporarily absent from the
county or is unable temporarily to carry out his duties because of
disability or for any other reason, the vice-chairman shall be clothed
with all the authority of the chairman and shall carry out the duties of
the chairman during such temporary absence from the county or
temporary disability of the chairman. The vice-chairman shall also
act as presiding officer at the meetings of the board in the absence of
the chairman.
Section 3. Said Act is further amended by striking Section 10 in
its entirety and substituting in lieu thereof a new Section 10 to read as
follows:
Section 10. Powers and duties of the board of commissioners, (a)
The board shall have exclusive jurisdiction and control of the follow-
ing matters:
(1) To direct and control all of the property of the county;
(2) To levy taxes in accordance with the laws of this state;
4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) To establish, change, or abolish roads, bridges, and
ferries according to law;
(4) To supervise the tax commissioners books and allow the
insolvent list of the County of Clayton;
(5) To settle all claims, charges, and demands against the
County of Clayton;
(6) To examine and audit all claims and accounts of officers
against the County of Clayton;
(7) To examine and audit all claims and accounts of officers
having the care, keeping, and collecting or disbursing of any
money belonging to Clayton County or appropriated for its use or
benefit and to bring all such officers to settlement;
(8) To elect or appoint all minor officers of said county,
where an election is not otherwise provided by law or the provi-
sions of this Act;
(9) To have and exercise control and management over the
inmates of said county according to the laws of this state;
(10) To have the authority to pay all or any portion of the
premiums on a group life insurance and on a hospitalization plan
or program for county employees, as may now exist or be imple-
mented in the future, provided the employees have agreed to be
covered under a group insurance plan;
(11) To pay actual and itemized expenses for travel, food,
and lodging for county officials or permanent county employees
while attending an institution of learning or schooling that is so
closely connected to the employment that the county and its
citizens will benefit from the attendance of such an institute or
school of learning, which expenses shall be paid from revenue
derived from sources other than ad valorem taxation;
(12) To regulate land use by the adoption of a comprehensive
development plan or by the adoption of planning and zoning
ordinances which relate reasonably to the public health, safety,
morality, and general welfare of the county and its citizens;
GEORGIA LAWS 1983 SESSION
4507
(13) To call elections for the voting of bonds;
(14) To exercise all of the power and authority vested by law
in the judge of the probate court when sitting for county purposes;
(15) To exercise all powers now or hereafter vested in county
governing authorities by the Constitution and general laws of this
state;
(16) To fix, levy, and assess license fees, charges, or taxes on
all persons, firms, and corporations engaging in or offering to
engage in any trade, business, calling, avocation, or profession
within the bounds of Clayton County, outside the incorporated
limits of municipalities situated therein, as otherwise allowed,
authorized, or permitted by law. The board shall be further
authorized to adopt ordinances and resolutions to govern and
regulate all such trades, businesses, callings, avocations, or profes-
sions, not contrary to regulations prescribed by general law, for
the purpose of protecting and preserving the health, safety, wel-
fare, and morals of the citizens of said county. Such license fees,
charges, or taxes shall be in addition to all other taxes or assess-
ments heretofore or hereafter levied by said county, and all funds
received from same shall be paid into the county depository as
general funds of said county;
(17) To adopt rules regulating the operation of the board;
(18) To prescribe penalties and punishment for the violation
of zoning ordinances, building codes, including electrical,
plumbing, heating, and air-conditioning regulations, and all other
lawful ordinances adopted by the board pursuant to this or any
other law in force in said county;
(19) To provide ordinances for the preservation and protec-
tion of county property and equipment and the administration
and use of county facilities, such as parks, playgrounds, and
swimming pools, by the public, and to prescribe penalties and
punishment for violations thereof;
(20) To prescribe fire safety regulations not inconsistent with
general law, relating to both fire prevention and detection and to
fire fighting, and to prescribe penalties and punishment for viola-
tion thereof;
4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(21) To prohibit or regulate and control the erection and
maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent
to the rights of way of streets and roads within the unincorporated
area of said county, and to prescribe penalties and punishment for
violation of such ordinances;
(22) To adopt ordinances and regulations for the prevention
of idleness, loitering, vagrancy, disorderly conduct, public drunk-
enness, and disturbing the peace in the unincorporated area of
said county and to prohibit the playing of lotteries therein, and to
prohibit or regulate such other conduct and activities within said
area of Clayton County which, while not constituting an offense
against the general laws of this state, is deemed by the board to be
detrimental and offensive to the peace, good order, and dignity of
Clayton County and to the welfare and morals of the citizens
thereof;
(23) To have the authority to furnish transportation to
county officials and employees while conducting official county
business, and the board of commissioners may, by resolution,
establish a mode and means of providing such transportation. Any
and all county owned vehicles provided for such official county use
shall be used only for official Clayton County governmental
purposes; however, in no instance, when a county employee
utilizes a private vehicle for county business, shall the reimburs-
ement for the cost of the transportation exceed the amount
established by the State of Georgia on a mileage basis for state
employees utilizing private vehicles while engaged in state busi-
ness. The cost of furnishing transportation to county employees
pursuant to this section shall be paid from county funds. All
county owned vehicles shall be appropriately marked with easily
discernible decals, except special vehicles designated by the sher-
iff and the chief of police for detective and investigative activities
and assignments. The board shall have the authority to prescribe,
by resolution, the requirements for reimbursement for all travel
done on behalf of the county;
(24) To have the authority to pass resolutions for the control
of domestic animals in the unincorporated areas of the county and
to provide penalties for the violation of such resolutions not
inconsistent with state laws; and
GEORGIA LAWS 1983 SESSION
4509
(25) To exercise such other powers as are granted by law or
are indispensable to the carrying out of the provisions of this Act.
(b) The enumeration of powers and duties in subsection (a) of
this section shall not be construed as a limitation of the powers of the
board to such powers expressly enumerated. The board is expressly
given complete power, authority, and control relative to all county
matters of Clayton County, and this power, authority, and control is
cumulative and supplemental to any and all laws presently existing or
future laws that may be enacted concerning the subject matter.
Section 4. Said Act is further amended by striking Section 10C
in its entirety and substituting in lieu thereof a new Section 10C to
read as follows:
Section 10C. Chief administrative assistant and other adminis-
trative assistants, (a) The position of chief administrative assistant
is created. The chief administrative assistant shall be appointed by
the chairman and confirmed by the board. The chief administrative
assistant shall perform duties under the daily direction of the chair-
man and shall perform such other duties imposed upon him from time
to time by action of the board. The provisions of the Clayton County
Civil Service Act shall not be applicable to the position of chief
administrative assistant.
(b) The board may employ other administrative assistants from
time to time as it may deem necessary. Said assistants, subject to
confirmation by the board, shall be appointed by the chairman and
they shall be under the direction of the chairman and the chief
administrative assistant. The compensation for said administrative
assistants shall be fixed in the same manner as other county employ-
ees. Subsequent to appointment, said administrative assistants shall
be subject to the provisions of the Clayton County Civil Service Act.
Section 5. An Act creating and establishing for Clayton County,
Georgia, a Planning Commission and Board of Zoning Appeals,
approved February 4, 1949 (Ga. L. 1949, p. 223), is repealed in its
entirety.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Legal Legislation.
Notice is hereby given that the Board of Commissioners of
Clayton County intend to introduce and apply for passage at the 1983
session of the General Assembly of the State of Georgia, convening
January 1983, of an Act to amend an Act creating the Board of
Commissioners of Clayton County, approved February 8, 1955 (Ga.
Law 1955, p. 2064) as amended from time to time, so as to provide for
the creation of the position of the Chief Administrator; to amend the
provisions relating to Administrative Assistants; to define the duties
and set the term of the Vice-Chairman; to define the duties and
powers of the Chairman and Board of Commissioners; to provide an
effective date; to repeal conflicting laws and for other purposes.
Loretta Wright
Clerk of the Board
of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy W. Benefield, who, on oath,
deposes and says that he is Representative from the 72nd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Clayton Daily News which is the
official organ of Clayton County, on the following dates: January 20,
25, and February 1,1983.
/s/ Jimmy W. Benefield
Representative,
72nd District
GEORGIA LAWS 1983 SESSION
4511
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
TAX COMMISSIONER OF CLAY COUNTY METHOD
OF COMPENSATING CHANGED.
No. 465 (House Bill No. 718).
AN ACT
To amend an Act creating the office of tax commissioner of Clay
County, approved January 31, 1946 (Ga. L. 1946, p. 241), so as to
abolish the present mode of compensating the tax commissioner of
Clay County, known as the fee system; to provide in lieu thereof an
annual salary for said officer; to provide for the employment and
compensation of assistants and clerks; 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 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 Clay
County, approved January 31,1946 (Ga. L. 1946, p. 241), is amended
by striking Section 3 in its entirety and substituting in lieu thereof a
new Section 3 to read as follows:
4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. The tax commissioner of and for Clay County,
Georgia, is authorized to employ such assistants and clerks as will be
necessary to transact, do, and perform the duties of the office, and
such assistants and clerks shall be paid by the board of commissioners
in equal monthly installments out of the funds of Clay County.
Section 2. Said Act is further amended by striking Section 4 in
its entirety and substituting in lieu thereof a new Section 4 to read as
follows:
Section 4. (a) The present mode of compensating the tax
commissioner of Clay County, known as the fee system, is abolished
and, in lieu thereof, an annual salary for such officer is prescribed as
provided in this section.
(b) The annual salary of the tax commissioner of Clay County
shall be fixed and determined by the governing authority of Clay
County. The annual salary of the tax commissioner shall not be less
than the minimum salary prescribed by general law nor more than
150 percent of the minimum salary prescribed by general law.
(c) After the effective date of this Act, said officer shall dili-
gently 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 compen-
sation for services in any capacity and shall receive and hold the same
in trust for said county as public moneys and shall pay the same into
the county treasury on or before the fifteenth day of each month next
following the month in which they were collected or received. At the
time of each such monthly payment into the county treasury, the tax
commissioner shall furnish the governing authority of the county a
detailed, itemized statement, under oath, of all such funds received
during the preceding month by such officer and paid into the county
treasury. The statement shall show the respective amounts of money
collected and the source thereof.
Section 3. This Act shall become effective on January 1,1985.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
4513
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill concerning the
compensation of the offices of Probate Judge, Clerk of Superior
Court, Tax Commissioner and Sheriff of the County of Clay, and for
other purposes.
This 14th day of January, 1983.
Gerald Isler, Chairman
Clay 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 is Representative from the 131st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cuthbert Times and News Record which is
the official organ of Clay County, on the following dates: January 20,
27, and February 3,1983.
/s/ Bob Hanner
Representative,
131st District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
UNION COUNTY BOARD OF EDUCATION
ELECTION OF MEMBERS VACANCIES, ETC.
REFERENDUM.
No. 466 (House Bill No. 716).
AN ACT
To provide for the election of the members of the Board of
Education of Union County; to provide for filling vacancies on the
board; to provide for 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 the five members of
the Board of Education of Union County, the Union County school
district shall be divided into five education districts as follows:
Education District 1 shall be composed of that portion of the
Union County school district embraced within Union County election
precinct number 1.
Education District 2 shall be composed of that portion of the
Union County school district embraced within Union County election
precinct number 3.
Education District 3 shall be composed of that portion of the
Union County school district embraced within Union County election
precinct number 2.
Education District 4 shall be composed of that portion of the
Union County school district embraced within Union County election
precinct number 4.
GEORGIA LAWS 1983 SESSION
4515
Education District 5 shall be composed of that portion of the
Union County school district embraced within Union County election
precinct number 5.
(b) The election precincts of Union County used in subsection
(a) of this section as a basis for the description of education districts
shall be the election precincts of Union County as such election
precincts existed on January 1,1983.
Section 2. (a) One member of the Board of Education of
Union County shall be elected to represent each education district
provided for in Section 1 of this Act. A candidate for election shall
specify the education district for which the candidate is offering for
election. A candidate for election shall have been a resident of the
education district from which he or she offers for election for at least
one year prior to taking office and must remain a resident of such
district during the term of office to which elected. Each candidate for
election shall be elected by a majority of the voters voting at large
within the Union County school district. All candidates shall be
nominated and elected in accordance with the provisions of Chapter 2
of Title 21 of the O.C.G.A., known as the Georgia Election Code.
(b) The first members of the Board of Education of Union
County elected pursuant to this Act shall be elected as follows:
(1) The members from education districts 1 and 2 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;
(2) The members from education districts 3, 4, and 5 shall
be elected at the general election of 1986 and shall take office on
January 1,1987, for terms of four years and until their successors
are elected and qualified.
(c) For the period beginning January 1, 1985, and ending on
December 31, 1986, the Board of Education of Union County shall
consist of the two members elected pursuant to paragraph (1) of
subsection (b) of this section and the three incumbent members of the
Board of Education of Union County elected at the school board
election held in 1982 for terms of office beginning on January 1,1983,
and ending on December 31,1986.
4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The successors and future successors to members elected
pursuant to subsection (b) of this section shall be elected at the
general election immediately preceding the expiration of their respec-
tive 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.
Section 3. In the event a vacancy occurs on the Board of
Education of Union County because of death, resignation, removal
from the education district, or for any other reason, and the remain-
ing term of office is six months or less, the remaining members shall
appoint a qualified person to fill such vacancy for the unexpired term
of office. If the remaining term of office is more than six months, the
election superintendent, within 20 days after the vacancy occurs,
shall issue the call for a special election to be held in the Union
County school district to elect a qualified person to fill such vacancy
for the unexpired term of office. The person appointed or elected to
fill a vacancy shall be a resident of the education district wherein the
vacancy occurred. Special elections to fill vacancies shall be held and
conducted in accordance with the applicable provisions of Chapter 2
of Title 21 of the O.C.G. A., known as the Georgia Election Code.
Section 4. The Board of Education of Union County elected
pursuant to the provisions of this Act shall be a continuation of the
heretofore existing Board of Education of Union County and may
exercise all powers vested in county boards of education by the laws
and the Constitution of this state.
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 Union County to issue the call for an election for
the purpose of submitting this Act to the electors of the Union County
school district for approval or rejection. The superintendent shall set
the date of such election for May 3, 1983. The superintendent shall
issue the call for such election at least 30 days but not more than 60
days prior to the date of such election. The superintendent shall
cause the date and purpose of the election together with the form of
the ballot to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Union County. The
ballot shall have written or printed thereon the words:
GEORGIA LAWS 1983 SESSION
4517
( ) YES Shall the Act providing for the election
( ) NO of the members of the Board of Educa-
tion of Union County and providing for
filling vacancies on said board be ap-
proved?
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, but
otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Union County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be the superintendents further duty to certify the
result thereof to the Secretary of State.
Section 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 1983
session of the General Assembly of Georgia a bill relative to the Board
of Education of Union County and for other purposes.
This 14th day of January, 1983.
/s/ Carlton H. Colwell
Representative,
4th District
4518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 is Representative from the 4th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the North Georgia News which is the
official organ of Union County, on the following dates: January 27,
February 3,10,1983.
/s/ Carlton H. Colwell
Representative,
4th District
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
HENRY COUNTY COMPENSATION OF CERTAIN
OFFICIALS CHANGED.
No. 467 (House Bill No. 731).
AN ACT
To amend an Act placing the sheriff, probate judge, clerk of
superior court, and tax commissioner of Henry County on an annual
GEORGIA LAWS 1983 SESSION
4519
salary, approved March 25,1958 (Ga. L. 1958, p. 3127), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4006), so
as to change the compensation of said officers; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff, probate judge, clerk of
superior court, and tax commissioner of Henry County on an annual
salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended,
particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4006), is
amended by striking Section 2 thereof, which reads as follows:
Section 2. (a) The salary of the Sheriff of Henry County shall be
$22,000.00 per year to be paid in equal monthly installments out of
county funds.
(b) (1) The sheriff shall be authorized to employ one chief
deputy. The salary of the chief deputy shall be fixed by the
governing authority of Henry County and paid in equal monthly
installments from county funds.
(2) In addition to the chief deputy, the sheriff is hereby
authorized to employ other deputies and assistants and to set
their salaries, but the number of such deputies and assistants and
the salaries thereof shall be subject to the final approval of the
governing authority of Henry County.
(3) The governing authority of Henry County shall furnish
suitable vehicles to the sheriff and chief deputy sheriff and pay the
expenses of operation of same, for the use of said sheriff and chief
deputy sheriff in the performance of their official duties.
(c) (1) Effective July 1, 1981, the annual salary of the sheriff
shall be increased by an additional 3 1/2 % on said date and on the
first day of July each year thereafter.
(2) In addition to the amounts provided by paragraph (1) of
this subsection, the sheriff shall receive an additional 5% salary
increase on January 1,1982.
4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The sheriff shall also receive a contingent expense allowance
of $100.00 per month.,
and inserting in its place a new Section 2 to read as follows:
Section 2. (a) The salary of the sheriff of Henry County shall
be that minimum annual salary provided therefor by Code Section
15-6-20 of the O.C.G.A., relating to minimum salaries for sheriffs, to
be paid in equal monthly installments out of county funds.
(b) (1) The sheriff shall be authorized to employ one chief
deputy. The salary of the chief deputy shall be fixed by the
governing authority of Henry County and paid in equal monthly
installments from county funds.
(2) In addition to the chief deputy, the sheriff is authorized
to employ other deputies and assistants and to set their salaries,
but the number of such deputies and assistants and the salaries
thereof shall be subject to the final approval of the governing
authority of Henry County.
(3) The governing authority of Henry County shall furnish
suitable vehicles to the sheriff and chief deputy sheriff and pay the
expenses of operation of same, for the use of said sheriff and chief
deputy sheriff in the performance of their official duties.
(c) The sheriff shall also receive a contingent expense allowance
of $100.00 per month for in-county travel.
Section 2. Said Act is further amended by striking Section 3
thereof, which reads as follows:
Section 3. The Clerk of the Superior Court of Henry County
shall be paid a salary of $16,000 per year to be paid in equal monthly
installments out of county funds. The clerk of the superior court is
hereby authorized to employ such deputies and other assistants as he
deems necessary, to prescribe their duties and to set their salaries, but
the number of such deputies and assistants and the salaries thereof
shall be subject to the final approval of the Board of Commissioners
of Henry County. Effective January 1,1980, the annual salary of the
clerk shall be increased by an additional 3 1/2% on said date.
Effective July 1,1980, the annual salary of the clerk shall be increased
by an additional 3 1/2% on said date and on the first day of July each
GEORGIA LAWS 1983 SESSION
4521
year thereafter. In no event shall the annual salary of the clerk of the
superior court be less than 85% of the annual salary of the Sheriff of
Henry County as now or hereafter provided by local or general law.
The clerk of the superior court shall also receive a monthly contingent
expense allowance of 85% of that of the sheriff.,
and inserting in its place a new Section 3 to read as follows:
Section 3. The clerk of the Superior Court of Henry County
shall be paid a salary in an amount equal to 90 percent of the annual
salary of the sheriff of Henry County, to be paid in equal monthly
installments out of county funds. The clerk of the superior court is
authorized to employ such deputies and other assistants as he deems
necessary, to prescribe their duties and to set their salaries, but the
number of such deputies and assistants and the salaries thereof shall
be subject to the final approval of the board of commissioners of
Henry County. The clerk of the superior court shall also receive a
monthly contingent expense allowance, for in-county travel, equal to
that of the sheriff.
Section 3. Said Act is further amended by striking Section 4
thereof, which reads as follows:
Section 4. The Judge of the Probate Court of Henry County shall
be paid an annual salary of $16,000.00. The annual salary of said
officer shall be increased by an additional 3 1/2% on January 1,1980.
Said annual salary shall be further increased by 3 1/2% on July 1,
1980, and on the first day of July of each year thereafter. In no event
shall the annual salary of the judge of the probate court be less than
85% of the annual salary of the Sheriff of Henry County as now or
hereafter provided by local or general law. Said salary shall be paid in
equal monthly installments out of county funds. The Judge of the
Probate Court is hereby authorized to employ such clerks and other
assistants as he deems necessary, to prescribe their duties and to set
their salaries, but the number of such clerk and assistants and the
salaries thereof shall be subject to the final approval of the Board of
Commissioners of Henry County. The annual salary provided for the
judge of the probate court shall be his full compensation and shall be
in lieu of any and all fees or salary now or previously provided for
handling traffic cases. The judge of the probate court shall also
receive a monthly contingent expense allowance of 85% of that of the
sheriff.,
4522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in its place a new Section 4 to read as follows:
Section 4. The judge of the Probate Court of Henry County shall
be paid an annual salary in an amount equal to 90 percent of the
annual salary of the sheriff of Henry County. Said salary shall be paid
in equal monthly installments out of county funds. The judge of the
probate court is authorized to employ such clerks and other assistants
as he deems necessary, to prescribe their duties and to set their
salaries, but the number of such clerks and assistants and the salaries
thereof shall be subject to the final approval of the board of commis-
sioners of Henry County. The annual salary provided for the judge of
the probate court shall be his full compensation and shall be in lieu of
any and all fees or salary now or previously provided for handling
traffic cases. The judge of the probate court shall also receive a
monthly contingent expense allowance, for in-county travel, equal to
that of the sheriff.
Section 4. Said Act is further amended by striking Section 4A
thereof, which reads as follows:
Section 4A. The tax commissioner of Henry County shall
receive an annual salary of fifteen thousand six hundred eighty
dollars ($15,680.00) payable in equal monthly installments from the
funds of Henry County. All fees, commissions, costs, fines, percent-
ages, forfeitures, penalties and other perquisites of whatever kind
received and collected by the tax commissioner shall be received,
collected and held by him as public funds to Henry County. On or
before the tenth day of each month the tax commissioner shall pay
over to the fiscal authority of Henry County all such funds as shall
have been collected by him for the county during the immediately
preceding calendar month with a detailed, itemized statement
showing the collections and the sources from which such funds were
collected. It is 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
relating to commissions on taxes collected in excess of a certain
percentage of taxes due according to the tax net digest, approved
January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended.
The tax commissioner is hereby authorized to employ such clerks and
other assistants as he deems necessary, to prescribe their duties and
to set their salaries but the number of such clerks and assistants and
the salary thereof shall be subject to the final approval of the board of
GEORGIA LAWS 1983 SESSION
4523
county commissioners of Henry County. Said annual salary of the tax
commissioner shall be increased by 3 1/2% on January 1,1980. Said
annual salary shall further be increased by 3 1/2% on July 1, 1980,
and on the first day of July each year thereafter. In no event shall the
annual salary of the tax commissioner be less than 85% of the annual
salary of the Sheriff of Henry County as now or hereafter provided by
local or general law. The tax commissioner shall also receive a
monthly contingent expense allowance of 85% of that of the sheriff.,
and inserting in its place a new Section 4A to read as follows:
Section 4A. The tax commissioner of Henry County shall
receive an annual salary in an amount equal to 90 percent of the
annual salary of the sheriff of Henry County, payable in equal
monthly installments from the funds of Henry County. All fees,
commissions, costs, fines, percentages, forfeitures, penalties, and
other perquisites of whatever kind received and collected by the tax
commissioner shall be received, collected, and held by him as public
funds to Henry County. On or before the tenth day of each month the
tax commissioner shall pay over to the fiscal authority of Henry
County all such funds as shall have been collected by him for the
county during the immediately preceding calendar month with a
detailed, itemized statement showing the collections and the sources
from which such funds were collected. It is 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 Code Section 48-5-180 of the O.C.G.A., relating to com-
missions of tax commissioners. The tax commissioner is authorized to
employ such clerks and other assistants as he deems necessary, to
prescribe their duties and to set their salaries but the number of such
clerks and assistants and the salary thereof shall be subject to the
final approval of the board of county commissioners of Henry County.
The tax commissioner shall also receive a monthly contingent
expense allowance, for in-county travel, equal to that of the sheriff.
Section 5. This Act shall become effective July 1,1983.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to provide for the
compensation of the Sheriff, Clerk of Superior Court, Probate Judge,
Tax Commissioner, and County Commissioners of Henry County;
and for other purposes.
This 13th day of January, 1983.
Philip T. Keen, Attorney
for Henry County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wesley Dunn, who, on oath, deposes
and says that he 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 19, 26, and February
2,1983.
/s/ Wesley Dunn
Representative,
73rd District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
GEORGIA LAWS 1983 SESSION
4525
FLOYD COUNTY OFFICE OF COUNTY
MANAGER CREATED.
No. 468 (House Bill No. 743).
AN ACT
To amend an Act creating the Board of Commissioners of Floyd
County, approved July 28,1917 (Ga. L. 1917, p. 351), as amended, so
as to provide for a county manager; to provide for his powers, duties,
and responsibilities; 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 Board of Commissioners of
Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as
amended, is amended by adding seven new sections immediately
following Section 6A, to be designated Sections 6B, 6C, 6D, 6E, 6F,
6G, and 6H, respectively, to read as follows:
Section 6B. There is created the office of county manager of
Floyd County. The county manager shall be appointed in the manner
provided for by the board of commissioners to serve at the pleasure of
said board. No member of the board shall be appointed county
manager during the term of office for which he is elected or for a
period of one year thereafter.
Section 6C. The county manager shall be chosen by the board
solely upon the basis of his administrative qualifications with specific
reference to his actual experience in or knowledge of accepted prac-
tices in respect to the duties of his office as hereinafter set forth.
Section 6D. The county manager shall be the administrative
head of the county government. He shall be responsible to the board
4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for the proper and efficient administration of all affairs of the county
except as otherwise provided by law. It shall be his duty:
(1) Except as otherwise provided by law, to appoint and
remove all subordinate officers and employees of all departments
of the county which the commissioners have heretofore been
empowered to appoint and discharge, with the exception of the
county attorney, the county auditor, and the county physician;
(2) To see that all laws and ordinances of the county are
enforced;
(3) To exercise control over all departments or divisions of
the county which the board has heretofore exercised or that may
hereafter be created;
(4) To prepare and submit to the board of commissioners an
annual budget;
(5) To keep the board of commissioners fully advised as to
the financial condition and needs of said county;
(6) To supervise and direct the official conduct of all
appointive county officers and department heads except as may
be herein otherwise provided;
(7) To attend all meetings of the board with the right to take
part in the discussion, provided he shall have no vote before the
board;
(8) To supervise the performance of all contracts made by
any person for work done for Floyd County and to supervise and
regulate all purchases of materials and supplies for Floyd County
within such limitations and under such rules and regulations as
may be imposed by the board of commissioners;
(9) The county manager shall be vested with the authority
to countersign with the chairman or, in his absence from the
county, the vice chairman, all payroll checks for employees of
Floyd County; and
(10) To perform such other administrative duties as shall be
established by the board of commissioners.
GEORGIA LAWS 1983 SESSION
4527
Section 6E. The board of commissioners shall have the right to
require the county manager to appear before them at any time and
make such reports, oral or written, as they deem necessary.
Section 6F. The county manager shall be required to execute
and deliver a good and sufficient bond payable to Floyd County to be
approved by the board of commissioners and conditioned upon the
faithful performance of his duties. The amount of said bond shall be
determined by the board of commissioners. Said bond shall be
delivered to the board within five days of the county manager
assuming his duties and upon receipt shall be filed by the chairman of
the board in the office of the Clerk of Superior Court of Floyd County.
Section 6G. Before entering upon his duties, the county manager
shall take and subscribe an oath for the faithful performance of his
duties under this Act, which oath shall be duly entered upon the
minutes of the board of commissioners.
Section 6H. The county manager may be suspended or removed
at the pleasure of the board of commissioners by a majority vote of the
board of commissioners.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating the board of commissioners of Floyd County, approved July
28,1917 (Ga. L. 1917, p. 351), as amended; and for other purposes.
This 29th day of January, 1983.
John Adams
Representative,
16th District
4528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
E. M. Childers
Representative,
15th District, Post 1
Forrest McKelvey
Representative,
15th District, Post 2
Ed Hine
Senator,
52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John Adams, who, on oath, deposes
and says that he is Representative from the 16th 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: February 3,10,17,1983.
/s/ John Adams
Representative,
16th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
GEORGIA LAWS 1983 SESSION
4529
CHATHAM COUNTY BOARD OF COMMISSIONERS
COMMISSIONER DISTRICTS CHANGED.
No. 469 (House Bill No. 755).
AN ACT
To amend an Act creating and organizing the Board of Commis-
sioners of Chatham County, approved February 21, 1873 (Ga. L.
1873, p. 235), as amended, particularly by an Act approved March 11,
1968 (Ga. L. 1968, p. 2245) and an Act approved March 27, 1972
(Ga. L. 1972, p. 2912), so as to change the provisions relating to the
commissioner districts of the county; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and organizing the Board of Com-
missioners of Chatham County, approved February 21,1873 (Ga. L.
1873, p. 235), as amended, particularly by an Act approved March 11,
1968 (Ga. L. 1968, p. 2245) and an Act approved March 27, 1972
(Ga. L. 1972, p. 2912), is amended by striking subsection (b) of
Section 1 and inserting in lieu thereof new subsections (b) and (b.l) to
read as follows:
(b) Effective with the commissioners to be elected at the 1984
general election, Chatham County shall be divided into eight commis-
sioner districts consisting of the following territory within Chatham
County:
Commissioner District No. 1
Chatham
Tract 29
4530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 524,
526, 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
Commissioner District No. 2
Chatham
Tract 3
Block Groups 4 through 6
Tracts 10 and 11
GEORGIA LAWS 1983 SESSION
4531
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
Tract 37
Blocks 306 through 313
Tract 101.01
Block 110
Block Groups 2 and 3
Commissioner 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
4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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
Tract 101.02
Blocks 312 and 313
Tract 106.05
That part of Block 304 within
the City of Savannah
Tract 106.99
GEORGIA LAWS 1983 SESSION
4533
Commissioner 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
4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District No. 5
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
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 535 and
537 through 540
Tracts 43 through 45
Tract 105
Block Groups 1 and 3
GEORGIA LAWS 1983 SESSION
4535
Commissioner District No. 6
Chatham
Tract 42.02
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
Commissioner 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
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
Commissioner District No. 8
Chatham
Tracts 1, 6.01, 6.02, 12, and 17
Tract 18
Block 220
4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 23
Tract 24
Blocks 107 through 109, 120,
201, 213, 214, 306, 307, and 317
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
Until such time, the commissioner districts for commissioners who
were in office on January 1,1983, shall remain effective.
(b.l) 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.
(3) Any part of Chatham County which is not included in
any district described in this section shall be included within that
district contiguous to such part which contains the least popula-
tion according to the United States decennial census of 1980 for
the State of Georgia.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
GEORGIA LAWS 1983 SESSION
4537
Notice is hereby given that there will be introduced at the 1983
Session of the Georgia General Assembly a bill to amend the districts
from which Chatham County Commissioners are elected.
This 24th day of January, 1983.
Ronald E. Ginsberg
Representative,
122nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ron Ginsberg, who, on oath, deposes
and says that he is Representative from the 122nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Georgia Gazette which is the official organ
of Chatham County, on the following dates: February 2,9,16,1983.
/s/ Ron Ginsberg
Representative,
122nd District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BACON COUNTY BOARD OF COMMISSIONERS
ACT CREATING AMENDED.
No. 470 (House Bill No. 786).
AN ACT
To amend an Act creating a board of commissioners of Bacon
County, approved April 2,1963 (Ga. L. 1963, p. 2665), as amended, so
as to provide for commissioner districts; to provide for a chairman
and members of the board; to provide for qualifications, election, and
terms; to provide for a vice chairman and the duties of the chairman
and vice chairman; to provide for quorum; to provide for transition; to
provide 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 Bacon
County, approved April 2,1963 (Ga. L. 1963, p. 2665), as amended, is
amended by striking Sections 1 and 2 thereof and inserting in their
place the following new sections:
Section 1. (a) For purposes of electing the four members of
the board of commissioners of Bacon County, who must reside in
districts, the county is divided into four districts as follows:
District 1
Bacon
Tract 9901
Those parts of Blocks 334 and 338
within 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
GEORGIA LAWS 1983 SESSION
4539
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
within 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
That part of Block 254 outside the
City of Alma
Blocks 255, 257 through 267, 301
through 322, and 330 through 333
That part of Block 334 outside the
City of Alma
Blocks 335 through 337
That part of Block 338 outside the
City of Alma
Blocks 421, 434 through 438, 440,
and 856
Those parts of Blocks 857 and 858
4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
outside the City of Alma
Blocks 859 through 862 and 872
through 874
(b) Any part of Bacon 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 or any future such
census.
Section 2. (a) The board of commissioners of Bacon County
shall consist of a chairman and four other members. Bacon County
shall be divided into four districts, as provided in Section 1 of this
Act, and each district shall be represented on the board by a member
who resides in the district. The chairman shall also be a member of
the board but may reside anywhere in the county. The chairman and
the four other members shall be elected by the voters of the entire
county.
(b) Those persons elected as members of the board of commis-
sioners of Bacon County at the 1980 general election, under previ-
ously existing provisions of this Act, shall serve out their terms of
office, which shall expire December 31, 1984, and until the election
and qualification of their respective successors. The successor to that
member elected at the 1980 general election who represented the
previously existing Northeast District shall be elected at the 1984
general election to serve from District 3 under this section and shall
take office January 1,1985, for an initial term of four years and until
the election and qualification of a successor. The successor to that
member elected at the 1980 general election who represented the
previously existing Southwest District shall be elected at the 1984
general election to serve from District 4 under this section and shall
take office January 1,1985, for an initial term of four years and until
the election and qualification of a successor. At the 1984 general
election, the chairman and the first member from District 1 shall also
be elected under this section. The chairman shall take office January
1, 1985, for an initial term of four years and until the election and
qualification of a successor. The member from District 1 shall take
office January 1,1985, for an initial term of two years and until the
election and qualification of a successor.
(c) That person elected to represent the Alma District as a
member of the board of commissioners of Bacon County at the 1982
GEORGIA LAWS 1983 SESSION
4541
general election, under previously existing provisions of this Act, shall
serve out that members term of office, which shall expire December
31,1986, and until the election and qualification of a successor under
this section. That successor shall be elected at the 1986 general
election to serve from District 2 under this section and shall take
office January 1, 1987, for an initial term of four years and until the
election and qualification of a successor. At the 1986 general election,
the successor to the first member from District 1 whose term expires
December 31,1986, shall also be elected and shall take office January
1,1987, for a term of four years and until the election and qualifica-
tion of a successor.
(d) Successors to those members elected under subsections (b)
and (c) of this section shall be elected at the general election immedi-
ately preceding the expiration of the respective terms of office and
shall take office January 1 following their election for terms of four
years and until the election and qualification of their respective
successors.
(e) From January 1, 1985, until January 1, 1987, the board of
commissioners of Bacon County shall consist of the chairman and
three other members elected under subsection (c) of this section and
the incumbent member elected at the 1982 general election to repre-
sent the Alma District.
Section 2. Said Act is further amended by striking Section 7
thereof and inserting in its place a new Section 7 to read as follows:
Section 7. At their first regular meeting in January, 1985, and
at the first regular meeting each year thereafter, the board of commis-
sioners shall by majority vote elect one of their number as vice
chairman. The vice chairman shall serve at the pleasure of a majority
of the members of the board and may be removed as vice chairman at
any time without notice, cause, or hearing. It shall be the duty of the
chairman to act as presiding officer at all meetings of the board of
commissioners, and he shall be recognized as the ceremonial head of
the county government but shall have no other administrative duties
except as herein provided or such as may be delegated to him by the
board of commissioners. In the event of the absence, disqualification,
or disability of the chairman, the vice chairman shall assume the
duties of chairman. It shall be the duty of the chairman to preserve
order and decorum at all meetings of the board, to state every
question coming before the board, to announce the decision of the
4542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
board on all subjects, and decide all questions of order, subject,
however, to an appeal to the board, in which event a majority vote of
the board shall govern and conclusively determine such question of
order. The chairman shall have the right to vote on all matters
coming before the board and shall have the right to move for the
adoption of any resolutions or other matter coming before the board.
The members of the board shall each be bonded in the amount of
$10,000.00 by a good and solvent bonding company authorized to do
business in the State of Georgia, said bond to be approved by the
judge of the probate court, payable to that judge and his successors in
the office, for the use of Bacon County, conditioned upon the faithful
performance of their duties. The costs of said bonds shall be paid
from the general funds of Bacon County.
Section 3. Said Act is further amended by striking Section 9
thereof and inserting in its place a new Section 9 to read as follows:
Section 9. Three members of the board shall constitute a quorum
for the transaction of all business which may come before them.
Section 4. For purposes of electing members of the board at the
general election in 1984, this Act shall become effective January 1,
1984. For all other purposes, this Act shall become effective January
1,1985. Otherwise, however, the existing laws relative to the board of
commissioners of Bacon County shall remain in effect until January
i 1985.
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, pursuant to Article 3,7, paragraph 9 of the
Constitution of the State of Georgia that there will be introduced at
the 1983 Session of the Georgia General Assembly a bill to amend the
Bacon County law relative to the Board of Commissioners (Georgia
GEORGIA LAWS 1983 SESSION
4543
Laws 1963, p. 2665, et seq.).
This 25th day of January, 1983.
/s/ Tommy Smith
Representative,
District 152
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tommy Smith, who, on oath, deposes
and says that he is Representative from the 152nd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Alma Times which is the official organ of
Bacon County, on the following dates: January 27, February 3, 10,
1983.
/s/ Tommy Smith
Representative,
152nd District
Sworn to and subscribed before me,
this 18th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DECATUR CORPORATE LIMITS
CHANGED.
No. 471 (House Bill No. 322).
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, particularly by an Act approved
April 12, 1982 (Ga. L. 1982, p. 3910), so as to change the corporate
limits of the City of Decatur, Georgia; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating 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, particularly by an Act approved
April 12,1982 (Ga. L. 1982, p. 3910), is amended by striking from the
description of the corporate limits of said City of Decatur, Georgia,
the following:
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 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
GEORGIA LAWS 1983 SESSION
4545
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.,
and inserting in lieu thereof the following:
All that tract or parcel of land lying and being in Land Lot 215 of
the 15th District of DeKalb County, Georgia, and being particu-
larly 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 amendment by Act of the
General Assembly of Georgia approved April 12, 1982, Georgia
Laws 1982, page 3910 (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
477.00 feet along the aforesaid Decatur City Limits line to the
Western line of Forrest Hills Subdivision at the Land Lot Line
dividing Land Lots 215 and 216 of the 15th District of DeKalb
County, Georgia; thence southerly 826.5 feet along the Western
line of Forrest Hills Subdivision to the North line of Oak Grove
Subdivision; thence westerly 454.0 feet along the north line of
Oak Grove Subdivision to the eastern right of way of Oldfield
Road, thence continuing along a line extending the northern line
of Oak Grove Subdivision a distance of 50 feet across Oldfield
Road (50-feet right of way) to the Western right of way of
4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the Western right of way line of Oldfield Road
with the northern right of way of McKinnon Drive; thence
running westerly and northwesterly along the Northern and
Northeastern right of way of McKinnon Drive 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 1,1983.
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
1983 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 27th day of December, 1982.
Eleanor L. Richardson
Representative,
52nd District
GEORGIA LAWS 1983 SESSION
4547
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Eleanor Richardson, who, on oath,
deposes and says that he is Representative from the 52nd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Decatur DeKalb News Era which is
the official organ of DeKalb County, on the following dates: January
6,13,20,1983.
/s/ Eleanor Richardson
Representative,
52nd District
Sworn to and subscribed before me,
this 24th day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
DEKALB COUNTY BOARD OF COMMISSIONERS
POWERS, DUTIES, ETC. CHANGED
REFERENDUM.
No. 472 (House Bill No. 483).
AN ACT
To amend an Act revising, superseding, and consolidating the laws
relating to the governing authority of DeKalb County and creating a
4548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
chairman and board of commissioners of said county,; approved
March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an
Act establishing the form of government of DeKalb County and fixing
the powers and duties of the officers constituting the governing
authority of DeKalb County, approved April 9,1981 (Ga. L. 1981, p.
4304), so as to change the provisions of said amendatory Act relating
to the powers and duties of the governing authority of DeKalb
County; to change the provisions thereof relating to the appointment
and removal of certain officers and employees of DeKalb County; to
change the provisions thereof relating to the executive assistant; to
provide for other matters relative to the foregoing; to provide for a
referendum; to provide effective dates; to provide for severability; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act revising, superseding, and consolidating the
laws relating to the governing authority of DeKalb County and
creating a chairman and board of commissioners of said county,
approved March 8,1956 (Ga. L. 1956, p. 3237), as amended, particu-
larly by an Act establishing the form of government of DeKalb
County and fixing the powers and duties of the officers constituting
the governing authority of DeKalb County, approved April 9, 1981
(Ga. L. 1981, p. 4304), is amended by striking from said amendatory
Act, approved April 9, 1981 (Ga. L. 1981, p. 4304) subsection (b) of
quoted Section 9 of Section 1 in its entirety and substituting in lieu
thereof a new subsection (b) to read as follows:
(b) In addition to the powers enumerated in subsection (a) of
this Section, the Commission may adopt all such ordinances or
regulations as it may deem advisable, not in conflict with the general
laws of this State and of the United States, for the governing and
policing of the county for the purpose of protecting and preserving
the health, safety, welfare, and morals of the citizens of the county
and for the implementation and enforcement of the powers and
duties of the Commission.
GEORGIA LAWS 1983 SESSION
4549
Section 2. Said amendatory Act approved April 9,1981 (Ga. L.
1981, p. 4304) is further amended by striking subsection (a) of quoted
Section 13 of Section 1 in its entirety and substituting in lieu thereof a
new subsection (a) to read as follows:
(a) The Chief Executive shall have the exclusive power to
supervise, direct and control the administration of the county govern-
ment. The Chief Executive shall carry out, execute and enforce all
ordinances, policies, rules and regulations of the Commission when
such ordinances, policies, rules and regulations become effective.
Members of the Commission shall deal solely through the Chief
Executive or his Executive Assistant in all matters concerning the
operation, supervision, and administration of the various depart-
ments, offices, and agencies of the county government. No member of
the Commission shall directly or indirectly order, instruct, or other-
wise attempt to control the actions of county personnel subject to the
administrative and supervisory control of the Chief Executive. Noth-
ing herein shall be construed to preclude any commissioner from
seeking information necessary to the establishment of policy from
any person, including any employee of DeKalb County.
Section 3. Said amendatory Act approved April 9,1981 (Ga. L.
1981, p. 4304) is further amended by striking subsection (c) of quoted
Section 13 of Section 1 in its entirety and substituting in lieu thereof a
new subsection (c) to read as follows:
(c) Subject to confirmation by the Commission, the Chief
Executive shall appoint the Executive Assistant, the Planning Direc-
tor, Finance Director, Merit System Director, and the County Attor-
ney. No member of the Commission or the Commission itself shall be
authorized to nominate these officials. Within budgetary limitations,
the Chief Executive shall fix the compensation of the officers named
in this subsection. All such officers shall serve at the pleasure of the
Chief Executive. The Commission may also discharge any such
officer for cause, but the affirmative vote of at least five members of
the Commission shall be required to discharge any such officer.
Section 4. Said amendatory Act approved April 9, 1981 (Ga. L.
1981, p. 4304) is further amended by striking subsections (a) and (b)
of quoted Section 14 of Section 1 in their entirety and substituting in
lieu thereof new subsections (a) and (b) to read as follows:
4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) Subject to the qualifications for said office as hereinafter
provided in this Section, the Chief Executive shall nominate, and the
Commission shall confirm, an Executive Assistant. The executive
assistant shall be the chief administrative aide to the Chief Executive
and the Commission and shall be responsible to the Chief Executive
and the Commission for the proper administration of the affairs of
the county.
(b) When directed to do so by the Chief Executive, the executive
assistant may exercise any of the administrative duties and powers
vested in the Chief Executive by law or by ordinances, rules, and
regulations adopted by the Commission.
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 DeKalb County to issue the call for an election for
the purpose of submitting this Act to the electors of DeKalb County
for approval or rejection. The superintendent shall set the date of
such election for the same date as the Presidential Primary election
which is held in 1984. He shall issue the call for such election at least
30 days but not more than 60 days prior to the date of such election.
The superintendent shall cause the date and purpose of the election
together with the form of the ballot to be published once a week for
two weeks immediately preceding the date thereof in the official
organ of DeKalb County. The ballot shall have written or printed
thereon the words:
( ) YES Shall the Act amending the Act estab-
( ) NO lishing and reorganizing the form of
government of DeKalb County and fix-
ing the powers and duties of the of-
ficers constituting the governing au-
thority of DeKalb County be
approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, it shall become of full force and effect as
provided in Section 6 of this Act, but otherwise it shall be void and of
no force and effect.
GEORGIA LAWS 1983 SESSION
4551
The expense of such election shall be borne by DeKalb County. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 6. For the purpose of becoming incorporated into the
amendatory Act providing for the form of government of DeKalb
County, approved April 9, 1981 (Ga. L. 1981, p. 4304) this Act shall
become effective upon its approval in the referendum provided for in
Section 5 of this Act but, as a part of said amendatory Act, this Act
shall become effective on January 1, 1985, as provided in paragraph
(2) of Section 3 of said amendatory Act.
Section 7. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such adjudication shall in no manner affect the other
sections, subsections, sentences, clauses, or phrases of this Act, which
shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
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 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
1983 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), and an Act approved April 12,1982 (Ga.
4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
L. 1982, p. 4235), and for other purposes.
This 17th day of December 1982.
Frank Redding
Representative,
50th District
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, co-pub-
lisher of the Decatur-DeKalb News/Era, a newspaper published at
Decatur, county of DeKalb, State of Georgia, who, being duly sworn,
states on oath that the report of Local Legislation-DeKalb County
governing authority-Frank Redding, Representative 50th District, a
true copy of which is hereto annexed, was published in said newspa-
per in its issue of the 23,30,6th day of Dec., 1982, Jan., 1983.
/s/ Gerald Wm. Crane
Co-Publisher
By: Linda L. Orr
Agent
Sworn to and subscribed before me,
this 6th day of January, 1983.
/s/ Linda L. Orr
Notary Public.
My commission expires June 21, 1985.
(Seal)
Approved March 29, 1983.
GEORGIA LAWS 1983 SESSION
4553
HALL COUNTY SCHOOL DISTRICT BOUNDARIES
DESCRIBED.
No. 473 (House Bill No. 587).
AN ACT
To provide for and describe boundaries for the districts for the
Board of Education of the Hall County School District; 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. (a) For the purpose of electing members to the
Board of Education of the Hall County School District, the Hall
County School District shall be divided in five education districts as
follows:
DISTRICT NO. 1
That area of Hall County not a part of the City of Gainesville and
within the boundaries of the area encompassed by:
POINT OF BEGINNING: Beginning at a point common to the
boundaries of Habersham County, Hall County,
and White County, said point lying and being in the
center Chattahoochee River;
THENCE southeasterly along a line that is the common
boundary of Habersham County and Hall County
to a point common to the boundaries of Banks
County, Habersham County, and Hall County;
THENCE southwesterly, southerly, and southeasterly along a
line that is the common boundary of Banks County
and Hall County to a point that is common to the
boundaries of Banks County, Hall County, and
Jackson County;
4554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE southwesterly along a line that is the common
boundary of Hall County and Jackson County to a
point that is the intersection of said line and the
center line of Blackstock Road (D.O.T. No. 772);
THENCE westerly along the center line of Blackstock Road
(D.O.T. No. 772) to a point that is the center of the
intersection of said Road and Athens Highway,
U.S. Route 129, and Ga. Route 11 (D.O.T. No. F2-
6);
THENCE westerly along the center line of Athens Highway, U.S.
Route 129, and Ga. Route 11 (D.O.T. No. F2-6) to a
point that is the center of the intersection of said
Highway and Lanier Parkway, U.S. Route 23, and
Ga. Route 365 (D.O.T. No. F13-1);
THENCE southerly along the center line of the right-of-way of
Lanier Parkway, U.S. Route 23, and Ga. Route 365
(D.O.T. No. F13-1) to a point that is the center of
the intersection of said Parkway and Queen City
Parkway, Ga. Route 60 (D.O.T. No. F65-3);
THENCE westerly along the center line of the right-of-way of
Queen City Parkway, Ga. Route 60 (D.O.T. No.
F65-3) to a point that is the intersection of said
Parkway and Broad Street, Ga. Route 13, and Ga.
Route 60 (D.O.T. No. F12-1);
THENCE northeasterly along the center line of Board Street, Ga.
Route 13 (D.O.T. No. F12-1), Board Street becom-
ing Church Street without a change in alignment to
a point that is the intersection of said Streets with
Sycamore Street, U.S. Route 129, and Ga. Route 11
(D.O.T. No. F2-6);
THENCE northwesterly along the center line of Sycamore
Street, U.S. Route 129, and Ga. Route 11 (D.O.T.
No. F2-6) to a point that is the intersection of said
Street and Green Street, U.S. Route 129, and Ga.
Route 11 (D.O.T. No. F2-6);
GEORGIA LAWS 1983 SESSION
4555
THENCE northerly along the center line of Green Street, U.S.
Route 129, and Ga. Route 11 (D.O.T. No. F2-6),
Green Street becoming Morningside Drive,
Morningside Drive becoming Park Hill Drive
becoming Cleveland Road (all name changes occur-
ring without a change in alignment or D.O.T. desig-
nation) to the intersection of said Street with
Clarks Bridge Road, Ga. 284 (D.O.T. No. S-1355);
THENCE northeasterly along the center line of Clarks Bridge
Road, Ga. 284 (D.O.T. No. S-1355) to a point that is
the intersection of said Road on Clarks Bridge with
the Chattahoochee River Channel of Lake Sidney
Lanier;
THENCE northeasterly along the center Chattahoochee River
Channel of Lake Sidney Lanier to the headwaters
of Lake Sidney Lanier;
THENCE northerly along the center of the Chattahoochee River
to a point common to the boundaries of Habersham
County, Hall County, and White County, the point
of beginning;
SPECIFICALLY EXCLUDED from the area of Hall County
Board of Education District No. 1 is that land
which is a part of the City of Gainesville when said
land is encompassed by this boundary description.
DISTRICT NO. 2
That area of Hall County not a part of the City of Gainesville and
within the boundaries of the area encompassed by:
POINT OF BEGINNING: Beginning at a point common to the
boundaries of Hall County and Jackson County and
the center line of Blackstock Road (D.O.T. No.
772);
THENCE southwesterly along a line that is the common
boundary of Hall County and Jackson County to a
point common to the boundaries of Barrow County,
Gwinnett County, Hall County, and Jackson
County;
4556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE southwesterly and northwesterly along a line that is
the common boundary of Gwinnett County and
Hall County to a point that is the common
boundary of Gwinnett County, Forsyth County,
and Hall County, said point being the center of the
Chattahoochee River Channel of Lake Sidney
Lanier;
THENCE northeasterly along a line that is the common
boundary of Forsyth County and Hall County, said
line being the center of the Chattahoochee River
Channel of Lake Sidney Lanier, to a point that is
the confluence of the Mud Creek Channel of Lake
Sidney Lanier and the Chattahoochee River Chan-
nel of Lake Sidney Lanier;
THENCE easterly along the center of the Mud Creek Channel of
Lake Sidney Lanier to a point that is the inter-
section of said Channel and Stephens Road (D.O.T.
No. 490);
THENCE northerly along the center line of Stephens Road
(D.O.T. No. 490) to a point that is the intersection
of said Road and Flat Creek Road (D.O.T. No.
1285);
THENCE easterly along the center line of Flat Creek Road
(D.O.T. No. 1285) crossing McEver Road (D.O.T.
No. F-190-1) to a point that is the intersection of
said Road and the northwestern boundary of the
City of Oakwood, said point being approximately
0.4 mile east of McEver Road;
THENCE northerly and easterly along the line that is the
boundary of the City of Oakwood to a point that is
the intersection of said line and Oakwood Road
(D.O.T. No. 503);
THENCE southeasterly along the center line of Oakwood Road
(D.O.T. No. 503) to a point that is the intersection
of said Road and the eastward-trending boundary
of the City of Oakwood;
GEORGIA LAWS 1983 SESSION
4557
THENCE easterly along a line that is the boundary of the City of
Oakwood, said boundary being in the shape of an
arc, said arc being a portion of the original char-
tered limits of the City of Oakwood, to a point that
is the intersection of said boundary and Old
Oakwood Road (D.O.T. No. 863);
THENCE northerly along the center line of Old Oakwood Road
(D.O.T. No. 863) to a point that is the intersection
of said Road and Mountain View Road (D.O.T. No.
434);
THENCE northerly along Mountain View Road (D.O.T. No. 434)
to a point that is the intersection of said Road and
Atlanta Highway, Ga. Route 13 (D.O.T. No. S-
2469);
THENCE northerly along Atlanta Highway, Ga. Route 13
(D.O.T. No. S-2469) to a point that is the inter-
section of said Highway and Industrial Boulevard
(D.O.T. No. 1431);
THENCE northerly along a line that is the center line of Indus-
trial Boulevard (D.O.T. No. 1431) to a point that is
the intersection of said Boulevard and Queen City
Parkway, Ga. Route 60 (D.O.T. No. F65-3);
THENCE southeasterly along a line that is the center line of the
right-of-way of Queen City Parkway, Ga. Route 60
(D.O.T. No. F65-3) to a point that is the inter-
section of said Parkway and Lanier Parkway, U.S.
Route 23, and Ga. Route 365 (D.O.T. No. F13-1);
THENCE northeasterly along a line that is the center line of the
right-of-way of Lanier Parkway, U.S. Route 23, and
Ga. Route 365 (D.O.T. No. F13-1) to a point that is
the intersection of said Parkway and Athens High-
way, U.S. Route 129, and Ga. Route 11 (D.O.T. No.
F2-6);
THENCE southeasterly along a line that is the center line of
Athens Highway, U.S. Route 129, and Ga. Route 11
(D.O.T. No. F2-6) to a point that is the intersection
4558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of said Highway and Blackstock Road (D.O.T. No.
772);
THENCE southeasterly along a line that is the center line of
Blackstock Road (D.O.T. No. 772) to a point that is
the common point between said Road and the line
that is the common boundary of Hall and Jackson
County, the point of beginning.
SPECIFICALLY EXCLUDED from the area of Hall County
Board of Education in District No. 2 is that land
which is a part of the City of Gainesville when said
land is encompassed by this boundary description.
DISTRICT NO. 3
That area of Hall County not a part of the City of Gainesville and
within the boundaries of the area encompassed by:
POINT OF BEGINNING: Beginning at a point common to the
Chattahoochee River Channel of Lake Sidney
Lanier and the center line of Clarks Bridge Road,
State Route 284 (D.O.T. No. S-1355) at Clarks
Bridge;
THENCE southerly along a line that is the center line of Clarks
Bridge Road, State Route 284 (D.O.T. No. S-1355)
to a point that is the intersection of said Road and
Cleveland Road, U.S. Route 129, and Ga. Route 11
(D.O.T. No. F2-6);
THENCE southerly along the center line of Cleveland Road, U.S.
Route 129, and Ga. Route 11 (D.O.T. No. F2-6),
Cleveland Road becoming Park Hill Drive, Park
Hill Drive becoming Morningside Drive,
Morningside Drive becoming Green Street (all
name changes occurring without a change in align-
ment or D.O.T. designation), to a point that is the
intersection of said Green Street with Sycamore
Street, U.S. Route 129, and Ga. Route 11 (D.O.T.
No. F2-6);
GEORGIA LAWS 1983 SESSION
4559
THENCE southeasterly along a line that is the center line of
Sycamore Street, U.S. Route 129, and Ga. Route 11
(D.O.T. No. F2-6) to a point that is the intersection
of said street with Church Street, Ga. Route 13
(D.O.T. No.F12-l);
THENCE southwesterly along a line that is the center line of
Church Street, Ga. Route 13 (D.O.T. No. F12-1),
Church Street becoming Broad Street without a
change in alignment or D.O.T. designation to a
point that is the intersection of said Broad Street
with Queen City Parkway, Ga. Route 60 (D.O.T.
No. F65-3);
THENCE southeasterly along a line that is the center line of
Queen City Parkway, Ga. 60 (D.O.T. No. F65-3) to
a point that is the intersection of said Parkway with
Industrial Boulevard (D.O.T. No. 1431);
THENCE southeasterly along a line that is the center line of
Industrial Boulevard (D.O.T. No. 1431) to a point
that is the intersection of said Boulevard and
Atlanta Highway, Ga. Route 13 (D.O.T. No. S-
2469);
THENCE southerly along a line that is the center line of Atlanta
Highway, Ga. Route 13 (D.O.T. No. S-2469) to a
point that is the intersection of said Highway and
Mountain View Road (D.O.T. No. 434);
THENCE southwesterly along a line that is the center line of
Mountain View Road (D.O.T. No. 434) to a point
that is the intersection of said Road with Old
Oakwood Road (D.O.T. No. 863);
THENCE southerly along Old Oakwood Road (D.O.T. No. 863)
to a point that is the intersection of said Road with
the westward-trending boundary of the City of
Oakwood, said point lying south of Mundy Mill
Road;
THENCE westerly along a line that is the boundary of the City of
Oakwood, said boundary being in the shape of an
4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
arc, said arc being a portion of the originally char-
tered limits of the City of Oakwood to a point that
is the intersection of said arc with Oakwood Road
(D.O.T. No. 503);
THENCE northwesterly along a line that is the center line of
Oakwood Road (D.O.T. 503) to a point that is the
intersection of said Road with the western-trending
corporate limits of the City of Oakwood, said point
being approximately 0.4 mile south of the inter-
section of Oakwood Road and McEver Road;
THENCE westerly along a line that is the corporate limits of the
City of Oakwood to a point that is the intersection
of said corporate boundary line with Flat Creek
Road (D.O.T. No. 1285);
THENCE westerly along a line that is the center line of Flat
Creek Road (D.O.T. No. 1258) to a point that is the
intersection of said Road with Stephens Road
(D.O.T. No. 490);
THENCE southerly along a line that is the center line of Step-
hens Road (D.O.T. No. 490) to a point that is the
intersection of said Road with the Mud Creek
Channel of Lake Sidney Lanier;
THENCE westerly along the Mud Creek Channel of Lake Sidney
Lanier to a point that is the confluence of said
Channel within the Chattahoochee River Channel
of Lake Sidney Lanier, said channel also being the
common boundary of Hall and Forsyth Counties;
THENCE northerly along a line that is the common boundary of
Hall and Forsyth Counties and that is also the
Chattahoochee River Channel and Chestatee River
Channel of Lake Sidney Lanier to a point where
said boundary intersect with the Johnson Creek
Channel of Lake Sidney Lanier;
THENCE easterly along a line that is the Johnson Creek Channel
of Lake Sidney Lanier to a point that is the inter-
section of said Channel with Chestatee Road
(D.O.T. No. 242) at the Chestatee Road Bridge;
GEORGIA LAWS 1983 SESSION
4561
THENCE southerly along the center line of Chestatee Road
(D.O.T. No. 242) to a point that is the intersection
of said Road with Sardis Road (D.O.T. No. S-2238);
THENCE easterly along the center line of Sardis Road (D.O.T.
No. S-2238) to a point that is the intersection of
said Road with Sardis Creek Channel of Lake
Sidney Lanier;
THENCE southeasterly along a line that is the center line of the
Sardis Creek Channel of Lake Sidney Lanier to a
point that is the confluence of said Channel with
the Chattahoochee River Channel of Lake Sidney
Lanier, said point being approximately 0.10 mile
north of the Sidney Lanier Memorial Bridge;
THENCE northeasterly along a line that is the Chattahoochee
River Channel of Lake Sidney Lanier to a point
that is the intersection of said Channel with Clarks
Bridge Road (D.O.T. No. S-1355) at Clarks Bridge,
the point of beginning.
SPECIFICALLY EXCLUDED from the area of Hall County
Board of Education District No. 3 is that land
which is a part of the City of Gainesville when said
land is encompassed by this boundary description.
DISTRICT NO. 4
That area of Hall County not a part of the City of Gainesville and
within the boundaries of the area composed by:
POINT OF BEGINNING: Beginning at a point common to the
boundaries of Habersham County, Hall County,
and White County, said point lying and being with
center of the Chattahoochee River;
THENCE southwesterly along a line that is the center line of the
Chattahoochee River and at the confluence of the
Chattahoochee River and Lake Sidney Lanier, the
center line of the Chattahoochee River Channel of
Lake Sidney Lanier to a point that is the confluence
of said Channel and the Sardis Creek Channel of
4562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Lake Sidney Lanier, said point being approxi-
mately 0.10 mile north of the Sidney Lanier Memo-
rial Bridge;
THENCE northwesterly along a line that is the center line of the
Sardis Creek Channel of Lake Sidney Lanier to a
point that is the intersection of said Channel with
Sardis Road (D.O.T. No. S-2238);
THENCE westerly along a line that is the center line of Sardis
Road (D.O.T. No. S-2238) to a point that is the
intersection of said Road with Chestatee Road
(D.O.T. No. 242);
THENCE northwesterly along a line that is the center line of
Chestatee Road (D.O.T. No. 242) to a point that is
the intersection of said Road and the Johnson
Creek Channel of Lake Sidney Lanier at Chestatee
Road Bridge;
THENCE southwesterly along a line that is the center line of the
Johnson Creek Channel of Lake Sidney Lanier to a
point that is the confluence of said Channel with
the Chestatee River Channel of Lake Sidney
Lanier, said point also being on the common
boundary of Forsyth County and Hall County;
THENCE northerly along a line that is the common boundary of
Hall County and Forsyth County to a point that is
common to the boundaries of Hall County, Dawson
County, and Forsyth County;
THENCE Northerly along a line that is the common boundary of
Hall County and Dawson County to a point that is
common to the boundaries of Hall County, Dawson
County, and Lumpkin County;
THENCE northeasterly along a line that is the common
boundary of Hall County and Lumpkin County to a
point that is common to the boundaries of Hall
County, Lumpkin County, and White County;
GEORGIA LAWS 1983 SESSION
4563
THENCE easterly along a line that is the common boundary of
Hall County and White County to a point that is
common to the boundaries of Hall County,
Habersham County, and White County, the point
of beginning.
SPECIFICALLY EXCLUDED from the area of Hall County
Board of Education District No. 4 is that land
which is a part of the City of Gainesville when said
land is encompassed by this boundary description.
DISTRICT NO. 5
All that area of Hall County which is not a part of the City of
Gainesville.
(b) Members of the Board of Education of Hall County who are
in office on July 1,1983, 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) of this section
which number corresponds to the education district for which they
were elected. Beginning with the primary and general elections held
in 1984 and thereafter at which members of the board of education
are elected, members shall be elected from the education districts
provided for in this section.
Section 2. This Act shall become effective on July 2,1983.
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 during the regular
1983 session of the General Assembly a bill to redistrict Hall County
for the purpose of electing members to the County Board of Educa-
tion; and for other purposes.
4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 10th day of January, 1983.
Nathan Deal
Senator,
District 49
Joe T. Wood
Representative,
District 9, Post 1
Jerry Jackson
Representative,
District 9, Post 2
Bobby Lawson
Representative,
District 9, Post 3
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jerry D. Jackson, who, on oath,
deposes and says that he 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: January 12,19,
26,1983.
/s/ Jerry D. Jackson
Representative,
9th District
GEORGIA LAWS 1983 SESSION
4565
Sworn to and subscribed before me,
this 10th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
CITY OF KENNESAW CORPORATE LIMITS
CHANGED.
No. 474 (House Bill No. 688).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw,
approved April 10, 1971 (Ga. L. 1971, p. 2620), 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. 2620), 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) PARCEL A: All that tract or parcel of land lying and
being in Land Lot 129 of the 20th District, 2nd Section of Cobb
County, Georgia, and being a portion of the property as shown on
4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Plat Book 46, Page 78, Cobb County Records, and being more
particularly described as follows:
BEGINNING at an iron pin which is located on the easterly
right of way of Moon Station Road 821.5 feet southerly from the
intersection of the easterly right of way of Moon Station Road and
the north line of said Land Lot 129 as measured along the easterly
right of way of Moon Station Road; running thence southerly
along the easterly right of way of Moon Station Road for a
distance of 105.0 feet to an iron pin; running thence south 89 15
east for a distance of 150.0 feet to an iron pin; running thence
northwesterly for a distance of 191.0 feet to the iron pin on the
easterly right of way of Moon Station Road, which is the point of
beginning.
(2) PARCEL B: All that tract or parcel of land lying and
being in Land Lot 177 of the 20th District, 2nd Section, Cobb
County, Georgia, and being more particularly described as follows:
BEGINNING at an iron pin at the eastern right of way of Due
West Road, and being 0.5 mile southerly from the centerline of
Highway 41, as measured along the eastern right of way of Due
West Road; thence leaving Due West Road south 87 55 east
265.0 feet to an iron pin; thence south 05 00 west 156.0 feet to an
iron pin; thence south 50 46 west 132.59 feet to an iron pin;
thence north 67 53 west 160.0 feet to an iron pin; thence north
33 11 west 56.0 feet to an iron pin at the eastern right of way of
Due West Road; thence with the eastern right of way of Due West
Road north 12 05 east 145.0 feet to the point of beginning.
Containing 1.30 acres more or less. Also including that portion of
the right of way of Due West Road adjacent to and immediately
northwest of and running along the northwesterly boundary of the
above described tract.
(3) PARCEL C: All that tract or parcel of land lying and
being in Land Lot 93 and 98 of the 20th District, 2nd Section,
Cobb County, Georgia, and designated at Lot 27, Block C of
Pinetree Estates and being a portion of the property shown on plat
of survey of Recreation Center of Cobb County Recreation
Authority by survey prepared by Merritt & Welker, Engineers,
dated August, 1960, a copy of which is recorded in Plat Book 21,
Pages 146 and 147, Cobb County Records, and being more particu-
larly described as follows:
GEORGIA LAWS 1983 SESSION
4567
TO REACH THE POINT OF BEGINNING begin at a point
on the south side of Bozeman Lake Road 1,420 feet east of the
intersection of the south side of Shiloh Road (this being the
northeast corner of Lot 13, Block C of said Cobb County Recrea-
tion Authority property); running thence south 11 57 40 west
along the easterly line of said Lot 13, Block C for a distance of
210.5 feet to an iron pin; running thence south 0 33 40 west for a
distance of 150 feet to an iron pin THIS BEING THE POINT OF
BEGINNING; running thence south 88 51 40 east for a
distance of 330.2 feet to an iron pin; running thence south 1 25
west for a distance of 974 feet to an iron pin located on the
northeasterly side of Chalker Road; running thence north 55 46
40 west along the northeast side of Chalker Road for a distance of
146.8 feet to an iron pin; running thence north 1 25 east for a
distance of 245.5 feet to an iron pin; running thence north 36 31
40 west for a distance of 136.2 feet to an iron pin; thence north
64 21 20 west for a distance of 131.9 feet to an iron pin; running
thence north 4 53 east for a distance of 59.75 feet to an iron pin;
running thence north 0 33 40 east for a distance of 426.2 feet to
an iron pin and the point of beginning.
(4) PARCEL D: All that tract or parcel of land lying and
being in Land Lot 177 of the 20th District, 2nd Section, Cobb
County, Georgia, being 22.01 acres, as shown on plat of survey
made by John C. Gaskins and Vance W. Ruhling, R.L.S., dated
April 22,1982, last revised April 29,*1982, and recorded in the Plat
Book, Cobb County Records, and being more particularly
described as follows:
BEGINNING at a point on the west land lot line of Land Lot
177, said District and section, 500.86 feet north, as measured along
said west land lot line from the common intersection of Land Lots
177, 178, 203 and 204, said district and section, said Point of
Beginning being at a point where the south side of Stonewood
Drive (50 foot right of way) deed ends into the west line of Land
Lot 177, said district and section; from said POINT OF BEGIN-
NING, run thence due north along the west land lot line of Land
Lot 177, said district and section, and along the easternmost lines
of Lot 1, Block D, Stilesboro Cove Subdivision and Lots 3 through
9, Block G, Pine Mountain Subdivision, 911.78 feet to an iron pin,
said point being 1,285.14 feet southerly as measured along the
west land lot line of Land Lot 177, said district and section, from
the northwest corner of said land lot; run thence south 87 .50 25
4568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
east, and along the southernmost property lines of Lots 12 through
25, Oakhill Subdivision, as shown on plat of survey recorded in
Plat Book 51, Page 119, Cobb County Records, 1,050 feet to an
iron pin; run thence south at an interior angle of 91 31 16 with
the last previous call and along the common dividing line between
the property herein conveyed and other property of the Grantor
herein, 915 feet to an iron pin; run thence west at an interior angle
of 88 17 51 and along the common dividing line between the
property herein conveyed and the property of R. L. Scroggs, 1,050
feet to an iron pin and the point of beginning.
(5) PARCEL E: All that tract or parcel of land lying and
being in Land Lot 140 and 141 of the 20th District, 2nd Section,
Cobb County, Georgia, as is shown on plat of same prepared by
A. 0. Carlile, designated property of Tom Arnold, dated Novem-
ber 1967, and being more particularly described as follows:
BEGINNING at an iron pin and corner located at the inter-
section of the north line of Land Lot 141 with the south side of
Rutledge Road right of way; thence running south 88 56 east for
a distance of 695.2 feet along the north land lot line of Land Lots
141 and 140 to an iron pin; thence continuing along the north land
lot line of Land Lot 140, north 89 57 minutes east for a distance of
753.3 feet to an iron pin; thence south 02 26 east for a distance of
128.6 feet to an iron pin and corner; thence running south 34 31
east for a distance of 100.8 feet to an iron pin and corner; thence
south 80 10 east for a distance of 183 feet to a point; thence south
50 13 east for a distance of 85 feet to a point; thence south 42 50
east for a distance of 115 feet to a point; thence south 81 44 east
for a distance of 70 feet to a point; thence north 81 21 east for a
distance of 240 feet to the center of a branch; thence running
southerly along the center line of said branch for a distance of 945
feet to a point; thence running south 08 54 east for a distance of
64.7 feet to the north side of the U. S. 41 Highway FourLane right
of way; thence running north 64 16 west along the northerly side
of the U. S. 41 Highway Four Lane right of way for a distance of
2.009.3 feet to an iron pin and corner; thence running south 25 05
west along said right of way for a distance of 19.6 feet to a point
and corner; thence running north 64 49 west along said right of
way for a distance of 276.5 feet to an iron pin and corner; thence
running north 11 00 west for a distance of 314.2 feet to the south
side of Rutledge Road; thence running easterly along the south-
erly side of Rutledge Road for a distance of 200 feet to the point of
GEORGIA LAWS 1983 SESSION
4569
beginning. Also including that portion of the right of way of
Rutledge Road adjacent to, immediately north of and running
along a portion of the northerly boundary of the above described
tract.
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
1983 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.
This 31st day of Dec., 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, George W. Darden, who, on oath,
4570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he 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: December 31,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
STATE COURT OF CHATTOOGA COUNTY CREATED
PRACTICE AND PROCEDURE, ETC. REFERENDUM.
No. 475 (House Bill No. 738).
AN ACT
To create the State Court of Chattooga County; to specify the
location of the court; to provide jurisdiction of the court; to provide
for jury trial under certain circumstances; to provide for practice and
procedure; to provide terms of court; to specify costs; to specify fees;
to provide for transfer of certain matters from the Superior Court of
Chattooga County; to provide for institution of criminal cases; to
GEORGIA LAWS 1983 SESSION
4571
provide for appeals; to provide for selection and number of jurors; to
provide for selection of a judge and a solicitor of the court; to provide
for qualifications, duties, and compensation of such officers; to pro-
hibit the judge from engaging in the active practice of law; to provide
for disposition of certain fees; to provide for appointment of a
solicitor pro tempore; to provide that the clerk and the sheriff of
Chattooga County shall serve as clerk and sheriff; to provide for an
official stenographer; to provide for all other matters relative to the
foregoing; 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. Creation of court. There is created the State Court
of Chattooga County, which shall have the power, jurisdiction, and
method of procedure hereinafter provided.
Section 2. Location of court. The State Court of Chattooga
County shall be located at Summerville in Chattooga County and
shall have territorial jurisdiction coextensive with the limits of said
county.
Section 3. Jurisdiction; demand for jury trial, (a) The State
Court of Chattooga County shall have jurisdiction to entertain, hear,
try, and determine all ex contractu civil cases and misdemeanor cases
concurrent with the Chattooga Superior Court, except such civil and
criminal cases the jurisdiction of which is vested exclusively in the
superior court. The jurisdiction herein conferred shall include cases
involving title to personalty, trover, attachment, garnishment,
distress warrants, and possessory warrants. Said court shall have
jurisdiction as the superior court of appeals from the justices courts
of said county.
(b) In all criminal cases, the judge of said court shall be the judge
of both questions of fact and of law unless the person subject to be
tried shall, before pleading to the charge against him, or the state
shall, demand a jury trial. The purpose of this subsection is to
eliminate trial by jury unless demanded by the person charged or by
the state. Upon either such timely demand being made, such person
shall be tried by jury, as is hereinafter provided.
(c) In all civil cases the judge shall be the judge of all questions of
fact and of law unless either party to such proceeding shall, before the
4572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
time expires for filing defensive pleadings, file a written demand for a
jury trial. Upon such demand being timely filed, the case shall be
tried by a jury as hereinafter provided unless such demand for trial by
jury is withdrawn before the call of the case for trial. When a demand
for trial by jury is filed, the same shall not be withdrawn without the
consent of the opposite party.
Section 4. Practice and procedure, (a) When applicable and
except as otherwise provided in this Act, the rules of practice, forms of
pleading, and methods of procedure now prevailing in or hereafter
provided for the superior courts of this state shall be adopted and
followed in the State Court of Chattooga County.
(b) All writs, process, summons, and the like shall issue, run, be
served, and be directed in the same manner and to like purpose as in
the superior court, except they shall be issued and annexed by the
clerk of the State Court of Chattooga County and shall bear teste in
the name of the judge of said court.
(c) The provisions of the Georgia Civil Practice Act, Chapter
11 of Title 9 of the Official Code of Georgia Annotated, and all
modifications or amendments thereto hereafter adopted shall apply
to all cases in the State Court of Chattooga County except those
proceedings specifically excepted in Code Section 9-11-81.
Section 5. Terms of court. The State Court of Chattooga
County shall have monthly terms which shall be held on the second
Monday in each month in Summerville in said county and such terms
shall remain open for the transaction of business until the next
succeeding term. If the date fixed for the convening of any term is a
legal holiday, then that term shall begin on the next day thereafter
which is not a legal holiday. Said court shall at all times be open for
the purpose of receiving pleas of guilty in criminal cases and passing
sentence thereon and for the transaction of civil business before the
court.
Section 6. Costs, (a) In all civil proceedings in the State Court
of Chattooga County, when the principal amount, excluding interest
and fees, is not more than $200.00, the total costs shall be $10.00.
Except for the costs provided herein, practice and procedure in such
cases shall be as for cases where the principal amount, excluding
interest and fees, is more than $200.00.
GEORGIA LAWS 1983 SESSION
4573
(b) In all other cases costs shall be the same as in the Superior
Court of Chattooga County.
Section 7. Transfer of indictment or presentment from supe-
rior court. Any indictment or presentment by the grand jury of
Chattooga County, in cases of which the State Court of Chattooga
County has jurisdiction under this Act, may from time to time be
transferred by the Judge of the Superior Court of Chattooga County
to the State Court of Chattooga County and shall thereafter stand for
trial in said court.
Section 8. Transfer of civil action from superior court. Any
case of a civil nature pending in the Superior Court of Chattooga
County at the time of the passage of this Act, or thereafter, of which
the State Court of Chattooga County has jurisdiction under this Act
may be transferred by the judge of the superior court to the State
Court of Chattooga County by consent of counsel of all parties and
shall thereafter stand for trial in said court as though originally filed
therein.
Section 9. Institution of criminal cases. All prosecutions in
criminal cases instituted in the State Court of Chattooga County shall
be by written accusation made by the solicitor, based upon affidavit,
setting forth plainly the offense charged in terms of the law, upon
which shall be entered the name of the prosecutor, if any, but the
solicitor may, in his discretion, make such accusation and proceed to
trial thereon without affidavit as the basis therefor.
Section 10. Appellate procedure. Any case tried in the State
Court of Chattooga County shall be subject to review by the Court of
Appeals or the Supreme Court of Georgia, whichever court has
jurisdiction, in the same manner and under the same rules of appel-
late procedure as apply to cases in the superior court.
Section 11. Juries, (a) The clerk of the State Court of
Chattooga County shall prepare a jury list and jury box for said court
which shall contain the names of all the grand and petit jurors of said
county appearing from time to time on the jury list of the superior
court of said county, from which jurors shall be drawn, selected,
chosen, and summoned for service in the State Court of Chattooga
County, in the same manner as is done in the superior court. Jurors in
said state court shall receive the same per diem as compensation for
service therein as in the Superior Court of Chattooga County and
4574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be paid by the County of Chattooga in the same way and out of
like funds as jurors are paid in the superior court.
(b) For the trial of any case in the Superior Court of Chattooga
County or the State Court of Chattooga County requiring the use of
jurors, a jury pool is created. Jurors may be selected as prescribed by
law by either the judges of the Superior Court of Chattooga County or
the judges of the State Court of Chattooga County to appear to be
sworn and serve as jurors before either court. When both the superior
court and state court are in session on the same date either court may
use as jurors persons who are summoned to appear to serve as jurors
by virtue of the authority of either court.
(c) The jury, for the trial of all civil and criminal cases tried in
the State Court of Chattooga County, shall be composed of six
members. Said trial jury shall be selected from a panel of 12 jurors.
Each side in all civil actions being tried by a jury shall be entitled to
three peremptory strikes from such panel of 12 and the remaining six
jurors shall serve as the trial jury. In all criminal matters being tried
by a jury, the state shall be entitled to two peremptory strikes and the
defendant shall be entitled to four peremptory strikes from such
panel of 12 jurors and the remaining six jurors shall serve as the trial
jury.
Section 12. Judge; election; qualifications; prohibition on
practice of law. (a) There shall be a judge of the State Court of
Chattooga County who shall be elected by the qualified voters of
Chattooga County, Georgia, at the same time and under the same
rules and regulations as other state court judges are elected, except
that the first judge shall be appointed by the Governor for a term to
expire December 31, 1984. Thereafter the judge shall be elected at
the 1983 general election and at the general election to be held every
four years thereafter for each succeeding term of four years, and said
judge shall hold office until his successor is elected and qualified. All
terms of such future judges shall begin on the first day of January
after their election.
(b) The judge of said court shall be at least 28 years of age, shall
have practiced law at least five years and resided in Chattooga County
for three years prior to his taking office. He shall take and subscribe
in substance the oath of office as is prescribed for judges of the
superior courts. He shall be vested with all the power and authority of
judges of the superior courts as to all matters, except as are exclu-
GEORGIA LAWS 1983 SESSION
4575
sively conferred upon the judges of the superior courts by the
Constitution and laws of this state.
(c) The judge shall be paid a salary of $15,000.00 per annum,
payable monthly out of the treasury of Chattooga County by the
officers of said county authorized to pay out the funds of Said county.
The salary of such judge shall be an expense of said court.
(d) During the term for which he is elected, the judge shall not
engage in the active practice of law except as is required by his duties
as judge.
Section 13. Solicitor; election; qualifications; limitation on
practice of law. (a) There shall be a solicitor of the State Court of
Chattooga County who shall be elected by the qualified voters of
Chattooga County, Georgia, at the same time and under the same
rules and regulations as county officers are elected, except that the
first solicitor shall be appointed by the Governor for a term to expire
December 31, 1984. Thereafter the solicitor shall be elected at the
1983 general election and at the general election to be held every four
years thereafter for each succeeding term of four years, and said judge
shall hold office until his successor is elected and qualified. All terms
of such future solicitors shall begin on the first day of January
following their election.
(b) The solicitor shall be a part-time solicitor and may practice
law but may not practice in his own court or appear in any matter in
which his court has exercised any jurisdiction.
(c) The solicitor shall have been a resident of Chattooga County
for one year next preceding his election and shall as of such date be at
least 25 years of age and have been admitted to practice law for three
years.
(d) The solicitor shall receive an annual salary of $10,000.00,
payable in equal monthly installments from funds of Chattooga
County.
Section 14. Solicitor pro tempore; appointment by judge. In
the absence of the solicitor of the State Court of Chattooga County for
any reason, the district attorney of the Lookout Mountain Judicial
Circuit may appoint a solicitor pro tempore, who shall have the same
authority while so acting as said solicitor, and shall be paid by the
solicitor such reasonable amount for the service as the district attor-
ney shall determine.
4576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 15. Clerk and sheriff. The clerk of the Superior Court
of Chattooga County shall be, by virtue of his office, the clerk of the
State Court of Chattooga County and the sheriff of said county shall
likewise be the sheriff of said state court and each shall on the behalf
of the county receive the same fees for services in said court as are
allowed them by law for like service in the superior court. The clerk
shall provide all necessary dockets, writs, minute books, printed
forms, and the like as may be necessary for said court which shall be
paid for by the County of Chattooga in like manner as such items in
the superior court.
Section 16. Official stenographer; appointment by
judge. The judge of the State Court of Chattooga County may
appoint an official stenographer for said court who shall report such
cases as the court may require. He shall receive the same fees as
allowed for similar service in the superior court, and which shall be
taxed and enforced as in the superior court.
Section 17. Argument of counsel; limitation. Argument of
counsel in all cases in the State Court of Chattooga County shall be
limited to one-half hour on each side except by leave of the court.
Section 18. Not more than ten days after the date of the
approval of this Act by the Governor, or after it otherwise becomes
law, it shall be the duty of the election superintendent of Chattooga
County to issue the call for an election for the purpose of submitting
this Act to the electors of Chattooga County for approval or rejection.
The superintendent shall set the date of such election for a day not
less than 30 nor more than 90 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 Chattooga County.
The ballot shall have written or printed thereon the words:
( ) YES Shall the Act creating the State Court
( ) NO of Chattooga 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
GEORGIA LAWS 1983 SESSION
4577
are for approval of the Act, Sections 1 through 17 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 Chattooga 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 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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to create a State
Court of Chattooga County; to provide for all related matters; and for
other purposes.
This 17th day of January, 1983.
John G. Crawford
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 is Representative from the 5th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Summerville News which is the official organ of
Chattooga County, on the following dates: January 27, February 10,
17,1983.
/s/ John Crawford
Representative,
5th District
4578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
DOUGLAS COUNTY AIRPORT AUTHORITY CREATED.
No. 476 (House Bill No. 783).
AN ACT
To create the Douglas County Airport Authority; to declare the
need for such airport authorities; to declare the purposes and objec-
tives of this Act; to define certain terms; to provide for the member-
ship of the authority; to provide for the terms of office of the
members; to provide for the election of officers, quorum, bylaws,
procedures, and meetings; to provide for compensation of members;
to provide for filling vacancies; to provide for removal of members; to
provide for the appointment, compensation of an executive director,
treasurer, and other administrative officers and employees of the
authority; to provide that no member or officer or employee of the
authority shall have any financial dealings with the authority; to
provide that any member or officer or employee having financial
dealings with the authority shall be subject to removal; to provide for
the powers of the authority; to define the types of activity in which
GEORGIA LAWS 1983 SESSION
4579
the authority is prohibited from engaging, and otherwise to restrict
the powers of the authority; to provide for the execution of contracts,
leases, and other legal documents; to provide for the issuance and
validation of revenue bonds; to provide for the location of the
authority; to provide for the replacement of lost or mutilated bonds;
to provide that such bonds may be secured by a trust indenture; to
provide for additional powers relative to the issuance of revenue
bonds and security for such bonds; to provide for the protection of
interest of bondholders; to exempt the bonds and interest therefrom
from taxation; to provide that such bonds may be used as lawful
deposits of securities for public officers; to provide that the property
of the authority shall be deemed to be public property; to provide for
the transfer of airports and related facilities from municipalities and
counties to the authority; to provide that conveyances and transfers
shall be accomplished so as to protect interest of bondholders and
others affected thereby; to provide that airports acquired by the
authority shall be subject to the control of the authority; to provide
that the powers of the authority shall be limited to airports; to
provide that the funds of the authority shall be used only for airports;
to provide for publication of financial data; to provide for fire and
emergency medical protection; to provide for maintenance of roads,
taxiways, and runways; to provide for transfer of federal funds; to
provide for immunity from liability; to provide for immunity from
taxation; to provide for rights of personnel; to provide for dissolution;
to provide for lease of certain lands; to provide for service of process;
to provide for severability; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Creation of authority. There is created the Douglas
County Airport Authority which is hereinafter referred to in this Act
as the authority. The authority created shall be an instrumentality
and political subdivision of the State of Georgia and a public corpora-
tion. The authority may contract and be contracted with, sue and be
sued, plead and be impleaded, and complain and defend in all courts
of law and equity only as hereinafter set out. The authority may
exercise the powers set out in this Act at any place within Douglas
County and any contiguous land outside the county which is used for
airport purposes as provided herein.
Section 2. Determination of need for the authority. It is
determined and declared that the present and projected rapid growth
4580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in commercial and private air traffic in the Douglas County area, the
need for adequate airports to serve safely and efficiently the air
transportation needs of the state and the county through its metro-
politan areas, the need to eliminate airport hazards, the need to raise
large amounts of capital for the establishment, operation, and main-
tenance of present and future airports, and the need to coordinate the
operation of various airports within certain metropolitan areas of the
state. It is further determined and declared that the establishment of
such authority is necessary and essential to ensure the welfare, safety,
and convenience of citizens of the entire state and to ensure the
proper economic development of the entire state.
Section 3. Declaration of purposes. The purposes and objectives
of this Act and the authority created hereunder shall be to meet the
needs and requirements recognized in Section 2 of this Act through
the establishment, maintenance, and operation of unified and coordi-
nated airport systems in the Douglas County area, to ensure the
orderly and proper use and growth of public airports; to ensure that
the maximum public benefit is obtained from any public airports
presently in existence and future airports; to ensure proper planning
and establishment of airports needed in the future; to ensure the
maximum participation of this state in national and international
programs of air transportation; to promote public transportation and
commerce, and all of this to the end of providing the most effective
and economical use of public airports for the public welfare, safety,
and convenience.
Section 4. Definitions. As used in this Act, unless the context in
which they are used requires otherwise, the following terms shall have
the following meanings.
(a) The term airport means:
(1) Any area of land or water or any structure which is or has
been used, or which the authority may plan to use for the landing
and taking off of commercial, private, and military aircraft,
including helicopters, and all buildings, equipment, facilities, or
other property and improvements of any kind or nature located
within the bounds of any such land or water area or structure;
(2) Facilities of any type for the accommodation of passen-
gers, maintenance, servicing, and operation of aircraft, business
offices and facilities of private businesses and governmental agen-
GEORGIA LAWS 1983 SESSION
4581
cies, parking of automobiles, and all other activities which are or
have been carried on or which may be necessary or convenient in
conjunction with the landing and taking off of commercial, pri-
vate, and military aircraft; and
(3) All buildings, equipment, facilities, and other property
and improvements of any kind or nature located outside the
bounds of any such land or water area or structure which is or has
been used or which the authority plans to use for the landing and
taking off of commercial, private, and military aircraft which are
necessary for the safe operation of aircraft, including without
limitation aviation easements and other real or personal property.
(b) The term airport hazard means any structure, terrain, or
object of natural growth, or use thereof, which obstructs the airspace
required for the flight, landing, or taking off of aircraft to or from an
airport, or any other thing that is hazardous to the flight, landing, or
taking off of aircraft to or from an airport.
(c) The term county means Douglas County.
Section 5. Members of the authority. The authority shall be
composed of five members appointed by the governing authority of
Douglas County. The authority shall be composed of five posts.
Section 6. Terms. The initial terms of members of the authority
shall be as follows:
Post No. 1 ending December 31,1984.
Post No. 2 ending December 31,1985.
Post No. 3 ending December 31,1986.
Post No. 4 ending December 31,1987.
Post No. 5 ending December 31,1988.
Thereafter all members shall be appointed for terms of five years each
and until their successors are appointed.
Section 7. Election of officers, quorum, bylaws, procedures, and
meetings. After the appointment of all members, the full member-
4582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ship of the authority shall meet as soon as practicable and shall elect
one of its members as chairman and one as vice-chairman, each of
whom shall continue as voting members in such positions for the
succeeding year and until their successors are elected. Thereafter, a
chairman and a vice-chairman shall be elected in the same manner
each year to serve for the succeeding year and until their successors
are elected. The chairman shall preside at meetings of the authority
and the vice-chairman shall preside in his absence, and they shall
have such other powers, duties, and responsibilities as are set out
elsewhere in this Act and in the bylaws of the authority. The
authority shall also designate a secretary to keep the minutes and
records of the authority. A majority of the members of the authority
shall constitute a quorum. A majority of the quorum may exercise
any and all powers of the authority. The authority shall, as soon as
practicable, adopt its own bylaws, rules of procedure, and rules of
conduct of its business. The authority shall meet at least once a
month and at such other times as it may deem necessary.
Section 8. Compensation of members. The members shall
receive no compensation but shall be reimbursed from the funds of
the authority for reasonable and necessary expenses incurred in
pursuing the business of the authority.
Section 9. Vacancies in authority. Should an appointed member
vacate his office either by resignation, death, change of residence, or
removal as provided in Section 10 of this Act or for any other reason,
the governing authority of the county shall, as soon as practicable,
appoint another member as a member of the authority to complete
the term of the vacation of member.
Section 10. Removal of members. Any member may be removed
from office for good cause affecting his ability to perform his duties as
a member, for misfeasance, malfeasance, or nonfeasance in office, or
for violating the conflict of interests provisions of this Act, by vote of
three of the other members, but only after a public hearing at which
such member is given the right to present evidence in his own behalf
and only upon a finding by three of the other members that good
cause for removal affecting the members ability to perform his duties
as a member exists, that he was guilty of misfeasance, malfeasance, or
nonfeasance in office, or that he violated the conflict of interest
provisions of this Act.
GEORGIA LAWS 1983 SESSION
4583
Section 11. Executive director, treasurer, and other administra-
tive officers and employees. The authority may appoint and fix the
compensation of an executive director, under such terms and condi-
tions as it deems appropriate. The executive director shall be the
chief executive and operating officer of the authority. Under the
supervision of the authority, he shall be responsible for the operation,
management, and promotion of all activities with which the authority
is charged under this Act, together with such other duties as may be
prescribed by the authority; and he shall have such powers as are
necessarily incident to the performance of his duties and such others
as may be granted by the authority. Additionally, the authority may
in a like manner appoint and fix the compensation of a treasurer who
shall have custody of all moneys, funds, notes, bonds, and other
securities as the authority may prescribe. The authority may also
authorize and employ such other administrative officers and employ-
ees under such terms and conditions as it shall consider necessary and
appropriate to effectuate its purposes under this Act.
Section 12. Conflicts of interest. No member of the authority or
officer or employee thereof shall have a financial interest, direct or
indirect, in any contract with the authority, or be financially inter-
ested, directly or indirectly, in the sale to the authority of any lands,
material, supplies, or services, except on behalf of the authority as a
member, officer, or employee thereof. Any violation of this provision
by a member of this authority shall be grounds for removal pursuant
to Section 10 of this Act. Any violation of this provision by the
executive director or any officer or employee of the authority shall be
grounds for removal by the authority.
Section 13. Powers of the authority, (a) The authority shall
possess, subject to the conditions and limitations set out elsewhere in
this Act, all the powers necessary or convenient for it to accomplish
the purposes of this Act, including the following specific powers,
which shall not be construed as a limitation upon the general or other
specific powers conferred in this Act:
(1) To adopt a seal to be used for the authentication of legal
documents, obligations, contracts, and other instruments and to
alter same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to
hold, lease, sell, use, and dispose of real and personal property of
every kind and character or any interest therein;
4584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) To request the county to exercise the power of eminent
domain to acquire any private real property or any rights or
interests therein including any easements, as necessary or conve-
nient for the accomplishment of the purposes of this Act, includ-
ing the elimination of airport hazards, in accordance with the
provisions of any and all existing laws applicable to the exercise of
such power. The authority shall pay for any property condemned
under this power from its own funds and in proceedings to
condemn pursuant to this section, the court having jurisdiction of
the suit, action, or proceeding may enter such orders regarding the
payment for such property or interest therein as may be fair and
just to the county, the authority, and the owners of the property
being condemned. Any such procedure may suggest the method of
payment by the authority to persons who shall own or have an
interest in the property;
(4) To appoint, select, and contract for the services of
engineers, architects, building contractors, accountants and other
fiscal agents, attorneys and such other persons, firms, or corpora-
tions as are necessary to accomplish the purposes of this Act, for
such fees or compensation and under such terms and conditions as
it deems appropriate;
(5) To plan, acquire, establish, develop, construct, enlarge,
improve, maintain, equip, and lease all airports which shall come
under its control under the provisions of this Act or which it may
acquire or plan to acquire; to regulate, protect, and police such
airports and all related activities and facilities; to enter into any
contracts, leases, or other agreements, promulgate any orders, set
any tolls, fees, or other charges for the use of its property or
services and collect and use same as necessary to operate the
airports under its control and to accomplish any purposes of this
Act; and to make any purchases or sales necessary for such
purposes;
(6) To contract with any persons, firms, or public or private
corporations to supply goods, commodities, facilities, and services
to the public, employees of the authority, and employees of air
carriers and other commercial interests located at any airport
under its control under such terms and conditions as it may
prescribe including, if desirable, exclusive rights, franchises, or
concessions;
GEORGIA LAWS 1983 SESSION
4585
(7) To adopt and enforce reasonable rules and regulations
for the orderly, safe, efficient, and sanitary operation of airports
and related facilities under its control; to provide its own security
force and peace officers with powers of arrest or to arrange for
such security force or peace officers in connection with any
municipality or the county; and to prescribe reasonable penalties
for the breach of any rule or regulation. All such rules, regulations,
or orders shall become effective upon approval by the authority
and after publication of a notice containing a substantive state-
ment of the rule or regulation and the penalty for violation thereof
in a newspaper of general circulation of all counties in which rules
and regulations are to be applied. The notice shall state that the
breach of the rule or regulation will subject the violator to the
penalty and shall state that the full text of all rules and regulations
shall be maintained in the principal office of the authority where
same will be open to public inspection and perusal. All rules and
regulations shall in fact be so maintained. Said rules and regula-
tions, when promulgated as provided herein shall be judicially
recognized by and enforceable in the court of any municipality or
the county in which airports under the control of the authority are
located and having jurisdiction over the place where any violation
occurs;
(8) To provide its own fire protection and crash and rescue
services or to arrange for such services in connection with any
federal, state, municipal, or county agency or any private firm in
the business of providing such services;
(9) 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 aid of airports under its control and to
accept and use same upon such terms and conditions as are
prescribed by the federal, state, county, or municipal government
or agency or other source;
(10) To enter into agreements with the state, any subdivi-
sion thereof, or any county or municipality or the federal govern-
ment or any agency thereof to use in the performance of its
functions the facilities or the services of the state or such subdivi-
sion or such county or municipality or the federal government or
any agency thereof in order to accomplish the purposes of this Act;
4586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) To borrow money to accomplish its purposes and exec-
ute evidences of indebtedness therefor and secure such indebted-
ness in such manner as the authority may provide by its resolution
authorizing such indebtedness to be incurred; provided that the
authority shall not pledge to the payment of such indebtedness
revenue pledged to the payment of any other indebtedness then
outstanding or encumber property in violation of the terms of any
existing contract, agreement, or trust indenture securing existing
indebtedness;
(12) To issue negotiable bonds, including revenue and
refunding bonds, under such terms and conditions as it deems
appropriate and to provide for the payment of same and for the
rights of the holders therefor;
(13) To enter into any financial arrangements whatsoever
necessary to accomplish the purposes of this Act not expressly
prohibited by law;
(14) To sell, lease, or otherwise dispose of surplus personal
property and to sell, lease, or otherwise dispose of land and any
improvements thereon acquired by the authority which the
authority may determine is no longer required to accomplish the
purposes of this Act, including property which is suitable for
industrial development. Any such property may be sold, leased, or
otherwise disposed of upon such terms and conditions as may be
provided by resolution of the authority. The proceeds of any such
sale may be used by the authority to accomplish any of the
purposes of this Act;
(15) To determine what usage may be made of airports and
to determine what classes of aircraft may use particular airports in
order to derive the maximum public benefit from all airports;
(16) To exercise each and every power that any municipal-
ity or any county could exercise, under laws existing at the time
this Act becomes law, over airports owned or operated by any
municipality or any county;
(17) To enter into contracts, leases, or other agreements
with federally certificated air carriers, other commercial air carri-
ers, and other commercial users of its airports for the use of such
airports under such terms and conditions as it deems appropriate
and for such charges, rentals, and fees as it deems appropriate;
GEORGIA LAWS 1983 SESSION
4587
(18) To enter into such agreement with any municipality or
the county presently operating airports of which the authority
may subsequently assume control with respect to the manner of
transfer of airport employees from any municipality and the
county to the authority as the authority deems necessary and
appropriate;
(19) To establish a plan of civil service for officers and
employees of the authority or to provide by resolution that such
officers and employees of the authority shall be covered under any
state, county, or municipal civil service plan which is available to
such employees under the laws of the state or any county or
municipality; and
(20) To establish a plan for retirement, disability, hospitali-
zation, and death benefits for officers and employees of the
authority or to provide by resolution that such officers and
employees shall be covered under any state, county, or municipal
plan available to them under the laws of the state or any county or
municipality.
(b) Notwithstanding any other provision of this Act to the
contrary, the authority shall not:
(1) Own or maintain aircraft or perform maintenance on
aircraft owned by others;
(2) Engage in flight instruction, flight charter, or other
aircraft for hire business; or
(3) Perform maintenance on radios, propellers, or other
aircraft accessories.
Section 14. Execution of contracts, leases, and other legal
instruments. Any and all contracts, leases, obligations, agreements,
and other legal instruments of the authority shall be approved by
resolution of the authority and shall be executed by those individuals
designated in such resolution or in the absence of such designation by
the chairman or vice-chairman. Nothing in this provision shall pro-
hibit general resolutions authorizing the executive director or other
officers, agents, or employees to execute such contracts, leases, or
other legal documents as the authority may prescribe.
4588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 15. Revenue bonds, Revenue Bond Law of 1937 applica-
ble. The authority shall have the power and is authorized, at one time
or from time to time as it deems necessary to accomplish the purpose
of this Act, to issue revenue bonds pursuant to the Revenue Bond
Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The authority
is determined to be a governmental body within the meaning of
that law and is authorized to utilize any and all procedures set out
herein, and to exercise any and all powers of a governmental body
thereunder. The members of the authority shall constitute the
governing body as that term is used therein. Nothing in this section
shall be construed so as to limit the power of the authority to issue any
bonds other than under the Revenue Bond Law which it may legally
issue pursuant to Section 13 of this Act.
Section 16. Validation of revenue bonds; location of authority.
For purposes of validation of bonds under the Revenue Bond Law,
the authority shall be considered to be located in Douglas County.
Section 17. Replacement of lost or mutilated bonds. The
authority may provide for the replacement of any bonds issued by it
which shall be mutilated or destroyed.
Section 18. Bonds; trust indenture as security, (a) In the
discretion of the authority, any issue of bonds pursuant to this Act
may be secured by a trust indenture by and between the authority
and a corporate trustee, which may be any trust company or bank
having the powers of a trust company within or outside the state.
Such trust indenture may pledge or assign fees, tolls, revenues, and
earnings to be received by the authority, including the proceeds
derived from the sale from time to time of any surplus real or personal
property of the authority. The resolution providing for the issuance
of such bonds or the 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 tbe duties of the authority in relation to the
acquisition of property; the construction of airports; the mainte-
nance, operation, repair, and insurance of property; and the custody,
safeguarding, and application of all moneys of the authority. Such
resolution or trust indenture may also:
(1) Provide that any project shall be constructed and paid
for under the supervision and approval of consulting engineers or
architects satisfactory to the trustee or to the bondholders;
GEORGIA LAWS 1983 SESSION
4589
(2) Require that the security given by any contracts and by
any depository of the proceeds of the bonds or revenues or other
moneys be satisfactory to such trustee or bondholders; or
(3) Contain provisions concerning the conditions, if any,
upon which additional revenue bonds may be issued.
(b) It shall be lawful for any bank or trust company incorporated
under the laws of this state to act as such depository and to furnish
such security as may be required by the authority. Such resolution or
trust indenture may set forth rights and remedies of the bondholders
and of the trustees 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 resolu-
tion or 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 connection with any such trust
indenture may be treated as operating expenses of the authority.
Section 19. Revenue bonds; additional powers as to security. In
addition to other powers granted in this Act as to the issuance of
revenue bonds and security for such bond, the authority shall have
the power to enter into any financial and contractual arrangements
with users of its airports, including commercial air carriers, which it
deems appropriate in order to provide security to bondholders; and
for such purposes the authority may also enter into joint agreements,
arrangements, or trust indentures with such users and a trustee or
trustees under any trust indenture authorized under Section 18 of
this Act in order that funds may be procured to accomplish the
purposes of this Act at the least possible cost to the authority.
Section 20. Revenue bonds; interest of bondholders protected.
While any of the bonds issued by the authority remain outstanding,
the powers, duties, or existence of the authority or of its officers,
employees, or agents shall not be diminished or impaired in any
manner that will adversely affect the interest and rights of the holders
of such bonds; and no other entity, department, agency, or authority
will be created which will compete with the authority to such an
extent as to adversely affect the interest and rights of the holders of
such bonds.
Section 21. Revenue bonds; exemption from taxation. All
revenue bonds issued under the provisions of this Act are declared to
4590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be issued for an essential public and governmental purpose and the
said bonds and the income therefrom shall be exempt from all
taxation within the state.
Section 22. Bonds as legal investments for trustees and as lawful
deposits of securities with public officers. Any bonds issued by the
authority under the provisions of this Act are made securities in
which all public officers and bodies of this state, all municipalities, all
municipal subdivisions, all insurance companies and associations and
other persons carrying on an insurance business, all banks, bankers,
trust companies, savings banks, savings associations, investment
companies and other persons carrying on a banking business, all
administrators, guardians, executors, trustees and other fiduciaries,
and all other persons 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 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 pur-
pose for which the deposit of the bonds or other obligations of this
state is now or may hereafter be authorized.
Section 23. Property of authority deemed to be public property.
It is declared that all property of the authority, held pursuant to the
terms of this Act, whether real or personal, tangible or intangible, and
of any kind or nature and any income or revenue therefrom, is held for
an essential public and governmental purpose, and all such property
is deemed to be public property.
Section 24. Transfer of airports and related facilities from
municipalities and counties to authority; public necessity. The
authority may by resolution, at such times as it shall deem appropri-
ate, determine what public airports within its territorial jurisdiction
as set out in Section 1 of this Act are necessary to accomplish the
purposes of this Act, and may inform the local government owning
such airport of such determinations and the proper officials or
officers of the local government may convey by deed all of their
interest in real property and any other property making up such
airports to the authority for a nominal consideration. It is declared
that the conveyance of such property is necessary and essential in
order to accomplish the purposes of this Act so as to secure the public
welfare, safety, and convenience.
GEORGIA LAWS 1983 SESSION
4591
Section 25. Transfer of contracts to authority. Upon convey-
ance of airports to the authority pursuant to Section 24 of this Act, all
contracts, commitments, leases, and other obligations of the local
government formerly owning the airport in respect to such airport
shall be transferred to the authority; and the authority shall stand in
the place of the local government for the purposes of such contracts,
commitments, leases or other obligations, subject to the provisions of
Section 26 of this Act.
Section 26. Conveyances and transfers pursuant to Sections 24
and 25 to be accomplished so as to protect interests of bondholders
and others affected thereby. The conveyance of airports and related
facilities by local governments to the authority pursuant to Section 24
of this Act, and the transfer of contracts, commitments, leases, and
any other obligations to the authority from any local government
pursuant to Section 25 of this Act shall be accomplished under such
terms and conditions as may be necessary to protect the interest of
bondholders of any local government affected by such conveyances
and transfers and other parties affected thereby. Transfers may be
conditioned so as to protect such interests; and the authority and any
local government may enter into any agreements with each other or
other parties necessary to protect such interests.
Section 27. Airports subject to control of authority. All airports
acquired by the authority pursuant to this Act or acquired by the
authority in any legal manner and any other property held by the
authority, shall be under the control of the authority; and the
authority shall have the right to exercise any and all of the powers set
out in this Act in regard thereto.
Section 28. Powers of authority limited to airports. All of the
powers, general and specific, granted to the authority pursuant to this
Act shall be exercised only in regard to airports. The authority shall
not have the power to plan, construct, finance, operate, or maintain
any facilities other than airports and related facilities. However,
nothing in this section shall be construed to prohibit the authority
from cooperating with other federal, state, county, or municipal
governmental agencies or public corporations in order to coordinate
other types of facilities with airports under its control, or purchasing,
selling, exchanging, or otherwise acquiring any property from or with
same.
4592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 29. Funds of authority to be used only for airports. The
funds of the authority, from whatever source derived, shall be used
only in support of airports as defined in Section 4 of this Act, but
nothing in this section shall prohibit the authority from making any
and all expenditures of any kind or nature necessary to support
airports.
Section 30. Publication of financial report and budget. The
authority shall, at least annually, publish, in the legal newspaper of
Douglas County, a statement of sources and expenditures of funds for
the previous year and the proposed budget for the following year.
Section 31. Immunity from liability. The authority shall have
the same immunity and exemption from liability from torts and
negligence as the State of Georgia; and the members, officers, agents,
and employees of the authority in performance of the work of the
authority shall have the same immunity and exemption from liability
from torts and negligence as the officers, agents, and employees of the
State of Georgia when in performance of tbeir public duties or work of
the state. The authority may be sued in the same manner as private
corporations on any contractual obligation of the authority.
Section 32. Taxation of the authority. The property, obliga-
tions, and interest on the obligations of the authority shall have the
same immunity from taxation as the property, obligations, and
interest on the obligations of Douglas County. The exemption from
taxation herein provided shall not extend to tenants or lessees of the
authority.
Section 33. Dissolution. In the event of dissolution of the
authority, all property, real and personal, tangible and intangible,
shall revert to, and be the property of, the county, subject, however, to
all rights and encumbrances thereon; and the county, by acceptance
thereof, shall fulfill all obligations of the authority.
Section 34. Principal office of authority; service of process, the
principal office of the authority shall be in Douglas County. Service
of process on the authority may be had upon the executive director or
other officers of the authority as in the case of private corporations
incorporated or domesticated under the laws of this state.
Section 35. General repealer. All laws and parts of laws in
conflict with this Act are repealed.
GEORGIA LAWS 1983 SESSION
4593
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to create an airport
authority for Douglas County; and for other purposes.
This 15th day of January, 1983.
/s/ Thomas M. Kilgore
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas M. Kilgore, who, on oath,
deposes and says that he is Representative from the 42nd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Douglas County Sentinel which is
the official organ of Douglas County, on the following dates: January
20,27, and February 3,1983.
/s/ Thomas M. Kilgore
Representative,
42nd District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MILLER COUNTY SjNEW BOARD OF
COMMISSIONERS CREATED.
No. 477 (House Bill No. 766).
AN ACT
To create a board of commissioners in and for Miller County; to
provide that the newly created board shall be the successor to all the
rights, powers, duties, and obligations of the heretofore existing board
of commissioners; to provide that the board of commissioners shall be
subject to all constitutional and statutory provisions relating to
boards of commissioners of counties; to provide for commissioner
districts; to define certain terms; to provide for the initial and
subsequent elections of members of the board; to provide for terms of
office of members of the board; to provide for election returns; to
provide for filling vacancies; to provide for an oath and bond of
members of the board; to provide for compensation of the chairman
and other members of the board; to provide for meetings of the board;
to provide for the election of a chairman and vice-chairman; to
provide for the appointment of a clerk by the board; to provide for the
qualifications, compensation, and bond of the clerk; to provide for the
duties of the clerk; to provide the requirements for purchasing by the
board; to provide for the powers and duties of the board; to provide
for audits; to provide that agreements of candidates for office as
members of the board shall be unlawful and penalties for violations
thereof; to provide that no member of the board or other county
officer shall be financially interested, directly or indirectly, in any
contract to which the county is a party and penalties for violations
thereof; 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. Board of commissioners created, (a) There is created
a board of commissioners in and for Miller County to be elected and
organized as set forth in this Act, which board of commissioners, also
to be known as the board, shall constitute the governing authority
of the county. The board shall exercise the powers, duties, and
responsibilities vested in and imposed upon said officers by this Act.
GEORGIA LAWS 1983 SESSION
4595
(b) The board of commissioners of Miller County created by this
Act 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.
Section 2. Commissioner districts, (a) Effective January 1,
1984, for the purpose of electing members of the board of commis-
sioners, Miller County is divided into five commissioner districts as
follows:
Commissioner District No. 1
Miller
Tract 9901
Blocks 101 through 108 and
132 through 144
Those parts of Blocks 172
and 173 inside the City of
Colquitt
Blocks 176 through 191, 210
through 215, 219, 222
through 230, and 232
Commissioner District No. 2
Miller
Tract 9901
Blocks 192 through 199
and 201 through 206
Those parts of Blocks 207,
208, and 295 outside the
City of Colquitt
Blocks 296 through 299 and
301 through 315
Those parts of Blocks 316,
330, and 331 outside the
City of Colquitt
Blocks 368 through 387 and
437 through 439
4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Commissioner District No. 3
Miller
Tract 9901
Those parts of Blocks 332
through 334 and 336 outside
the City of Colquitt
Blocks 337, 341, 350 through
367, 388 through 399, and
401 through 436
Commissioner District No. 4
Miller
Tract 9901
Those parts of Blocks 170, 171,
207, and 208 inside the City of
Colquitt
Blocks 209, 216 through 218,
220, 221, 231, and 233
through 268
Those parts of Blocks 269 and
284 inside the City of
Colquitt
Blocks 285 through 294
Those parts of Blocks 295 and
316 inside the City of
Colquitt
Blocks 317 through 329
Those parts of Blocks 330
through 334 inside the
City of Colquitt
Block 335
That part of Block 336
inside the City of
Colquitt
Commissioner District No. 5
Miller
Tract 9901
Blocks 109 through 131 and
145 through 169
GEORGIA LAWS 1983 SESSION
4597
Those parts of Blocks 170
through 173 outside the
City of Colquitt
Blocks 174 and 175
That part of Block 269 outside
the City of Colquitt
Blocks 270 through 283
That part of Block 284 outside
the City of Colquitt
Blocks 338 through 340, 342
through 349, and 440
(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 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 Miller County which is not included in any
commissioner district described in 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. Election and terms of office of members of the board,
(a) The first members of the board of commissioners created by this
Act shall be as follows:
(1) At the primary and general elections conducted in 1984
at which members of the board of commissioners are elected, the
members of the board elected to represent Commissioner Districts
2 and 4 shall each be elected for terms of office of two years and
until their successors are elected and qualified.
(2) At the primary and general elections conducted in 1984
at which members of the board of commissioners are elected, the
4598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
members of the board elected to represent Commissioner Districts
1,3, and 5 shall each be elected for terms of office of four years and
until their successors are elected and qualified.
(b) Members elected pursuant to the provisions of subsection (a)
of this section shall take office on the first day of January following
their election. Successors shall be elected at the general election
immediately preceding the expiration of their respective terms of
office and they shall take office on the first day of January immedi-
ately following their election and they shall each serve for terms of
office of four years and until their successors are elected and quali-
fied.
(c) (1) No person shall be eligible to qualify as a candiate for
election to the board unless he shall have been a bona fide resident
of the commissioner district from which he is offering at least one
year immediately preceding the date of the election. Candiates
shall be elected by a majority vote of the qualified voters within
their respective commissioner districts. All members of the board
shall be nominated and elected in accordance with the provisions
of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia
Election Code.
(2) Notwithstanding the foregoing, commissioner district
residency requirements shall not be applicable to candidates
qualifying for election to the board in the general primary and the
general election conducted in 1984, but a candidate shall be a
resident of the commissioner district for which he is offering as a
candidate at the time of qualifying. County residency require-
ments shall be applicable to all candidates qualifying for election
to the board in 1984 and in each subsequent election.
Section 4. Election returns; vacancies. All elections for members
of the board of commissioners created by this Act shall be conducted
in accordance with the provisions of Chapter 2 of Title 21 of the
O.C.G.A., known as the Georgia Election Code. In the event of a
vacancy in the office of a member of the board whose unexpired term
exceeds 180 days, it shall be the duty of the judge of the Probate
Court of Miller County to call a special election for the filling of such
vacancy, which election shall be governed by the provisions of the
Georgia Election Code relative to special elections for the filling of
vacancies. The special election shall be conducted within 60 days of
the date of the occurrence of the vacancy. In the event the unexpired
GEORGIA LAWS 1983 SESSION
4599
term does not exceed 180 days, it shall be the duty of the remaining
members of the board to fill the vacancy by appointment. All persons
elected or appointed to fill vacancies pursuant to the provisions of
this section shall serve for the remainder of the unexpired term of any
such office and until their successors are elected and qualified.
Section 5. Oath and bond. Before entering upon the discharge of
their duties, members of the board shall subscribe an oath before the
judge of the probate court of said county pledging the true and
faithful performance of their duties and attesting that they are not
the holders of any unaccounted for public funds. In addition, each
member of the board shall post a satisfactory surety bond with the
judge of the probate court of the county and payable to the judge of
the probate court and his successors in office and filed in the office of
the judge of the probate court, in the sum of $10,000.00, conditioned
upon the faithful performance of the duties of the office. The costs of
said bonds shall be paid out of the county treasury.
Section 6. Compensation, (a) (1) The chairman shall be
compensated in an amount not less than $1,800.00 nor more than
$3,600.00 per annum, payable in equal monthly installments out
of the funds of Miller County. The exact amount of compensation
payable to the chairman shall be fixed by the board upon a motion
duly made and adopted and recorded in the book of minutes of the
board.
(2) Members of the board, other than the chairman, shall be
compensated in an amount not less than $1,200.00 nor more than
$3,000.00 per annum, payable in equal monthly installments out
of the funds of Miller County. The exact amount of compensation
shall be fixed by the board upon a motion duly made and adopted
and recorded in the book of minutes of the board.
(3) Except as otherwise provided by subsection (b) of this
section, the salary so fixed shall constitute the entire compensa-
tion from all public sources to which said chairman or any member
of the board shall be entitled. The chairman and other members
of the board shall not be entitled to any additional compensation
for serving on any other boards or authorities by virtue of their
office.
(b) The board may provide by ordinance or resolution for the
reimbursement from county funds of actual and necessary expenses
4600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
incurred by the chairman and other members of the board in carrying
out their official duties.
Section 7. Meetings. The board shall hold regular meetings on
the first Tuesday of each month at the county courthouse, which
meetings shall be open to the public. The board may hold special
meetings as may be necessary when called by the chairman or any two
members of the board. All members of the board must be notified at
least one day in advance of any special meeting. No official action
shall be taken by the board except at a meeting which is open to the
public. Three members of the board shall constitute a quorum, and a
majority of a quorum may transact any business which may come
before the board. The chairman shall be entitled to the same voting
rights as other members of the board on any business transacted by
the board.
Section 8. Chairman and vice-chairman. At the first regular
meeting in January of each year, the board shall elect from its
members a chairman and vice-chairman by a majority vote. The
chairman shall preside at all meetings of the board. The vice-chair-
man shall preside at meetings of the board in the absence of the
chairman. Both the chairman and vice-chairman shall serve for the
current calendar year and until their successors are elected and
qualified. In the event of a vacancy in the office of chairman or vice-
chairman, the board shall elect a new chairman or vice-chairman by a
majority vote to serve for the remainder of the calendar year and until
his successor is elected and qualified.
Section 9. Clerk, (a) The board is authorized to appoint a clerk.
Any citizen who is not an elected officer of Miller County shall be
eligible to hold the office of clerk of the board and shall receive a
salary for services rendered to be fixed by the board, which salary
shall be paid in equal monthly installments out of the funds of Miller
County. The clerk before entering upon the duties of office shall post
a bond written by a responsible surety company authorized to do
business in Georgia in the sum of $10,000.00, conditioned upon the
faithful performance of the duties of the office and payable to the
judge of the Probate Court of Miller County and his successors in
office. The bond shall be approved by the board and filed in the office
of the judge of the probate court. The premium on the bond shall be
paid by the county.
GEORGIA LAWS 1983 SESSION
4601
(b) The clerk shall keep minutes of all meetings of the board, an
inventory of all properties, and such books and records as may be
required of him by the board, and to perform such other acts as may
be required by law or by the board. The clerk shall serve at the
pleasure of the board.
Section 10. Purchasing. The board, or its duly appointed
agents, shall purchase all equipment, material, and supplies necessary
for the county, of such kind and quality and in such quantities as may
be needed, and wherever practicable, purchases of all equipment,
materials, and supplies shall be by competitive bids, which bids shall
be kept on file in the office of the clerk of the board and subject to
inspection by the grand jury or other interested citizens. All pur-
chases shall be charged to Miller County; and before being submitted
to the board for approval, bills shall be audited and payment therefor
recommended by the parties making such purchase or purchases; and
if approved at a regular meeting of the board, approval shall be
endorsed on said bills by the chairman. All bills shall be paid by check
which shall be signed by the chairman and clerk, except that in the
absence of the chairman, the vice-chairman shall be authorized to
sign checks.
Section 11. Powers and duties of the board. The board is vested
with exclusive jurisdiction and control over the following, to-wit:
(1) Directing, controlling, conveying, and preserving all
property of the county according to law;
(2) Levying of taxes according to law;
(3) Establishing, altering, abolishing public roads, private
roads, private ways, bridges, and ferries according to law;
(4) Establishing, abolishing, or changing election precincts
and militia districts according to law;
(5) Examining the tax commissioners books;
(6) Allowing the insolvent lists, for said county, according to
law;
(7) Settling all claims against the county;
4602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) Examining and auditing all claims and accounts of offi-
cers responsible for the collection, management, or disbursement
of money belonging to the county;
(9) Controlling, caring for, and managing county prisoners
according to law;
(10) Making rules, regulations, and provisions for the sup-
port of the poor of the county according to law;
(11) Promoting and preserving the public health of the
county, with authority to quarantine against contagious diseases
and epidemics according to law;
(12) Regulating and fixing license fees as may be provided by
law;
(13) Suing and being sued in the name of Miller County;
(14) Exercising the power of eminent domain in the manner
prescribed by law;
(15) Exercising such other powers as are granted by law or as
may be indispensable to the jurisdiction over county matters or
county finance;
(16) Selecting and appointing all county officers whose elec-
tion or appointment is not otherwise fixed by law;
(17) Employing a competent attorney at law, resident of the
county, as county attorney to advise the board and represent the
county in such matters as the board may direct, who shall be paid
such compensation out of the regular funds of the county, as
determined by agreement between the board of commissioners
and the county attorney, with the power to fix his term of office or
to discharge him at any time; and
(18) Exercising all of the powers and authority heretofore
vested by law in the judge of the probate court when sitting for
county purposes, together with the powers and authority which
may now exist or may hereafter be delegated by law to the
governing authority of the county, by whatever name designated.
GEORGIA LAWS 1983 SESSION
4603
Section 12. Audits. The board shall on or before July 31
annually employ a certified public accountant for the making of an
annual continuous audit of county finances and financial records.
The accountant so employed shall be paid out of county funds and
shall perform a complete audit of the financial records of the county
for the ensuing year, pointing out any irregularities found to exist and
reporting the results of such audit to the board at least annually.
Each annual report submitted to the board shall be filed with the
board and be made available for public inspection as other records in
such office. The board shall cause to be posted at the courthouse a
statement of the financial condition of the county as of June 30 of
each year.
Section 13. Agreement of candidates. It shall be unlawful for
any candidate for office as a member of the board, or for nomination
to such office, to enter into any agreement or understanding with any
person as to the disposal of any work or appointment which is or shall
be under the control of the board, and any person who violates this
section shall be guilty of a misdemeanor.
Section 14. Officials not to be interested in contracts. No
member of the board or any other county officer empowered to
expend public or county funds for the purchase of goods, property, or
services of any kind for public or county purposes shall be financially
interested directly or indirectly in any contract to which the county is
a party, either as principal, surety, or otherwise; nor shall such
member of the board, officer, partner, agent, servant, or employee of a
firm of which he is a member or by whom he is employed purchase
from or sell to the county any real or personal property, goods, or
services. Any contracts made in violation of any of the foregoing
provisions shall be illegal and the person who violates this section
shall be removed from office upon proper proceedings instituted by
any taxpayer of the county in accordance with the provisions of Code
Section 36-1-14 of the O.C.G.A., relating to the purchase of goods or
property by interested county officers with county funds.
Section 15. Specific repealer. An Act creating a board of
commissioners of Miller County, approved August 22, 1905 (Ga. L.
1905, p. 569), as amended by an Act approved August 7,1912 (Ga. L.
1912, p. 431), an Act approved July 31,1913 (Ga. L. 1913, p. 420), an
Act approved August 2, 1924 (Ga. L. 1924, p. 352), an Act approved
July 17,1925 (Ga. L. 1925, p. 705), an Act approved July 19,1927 (Ga.
L. 1927, p. 630), an Act approved July 19,1929, (Ga. L. 1929, p. 673),
4604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an Act approved July 19,1929 (Ga. L. 1929, p. 674), an Act approved
August 5, 1929 (Ga. L. 1929, p. 675), an Act approved March 3, 1943
(Ga. L. 1943, p. 1084), an Act approved February 25, 1949 (Ga. L.
1949, p. 1913), an Act approved February 5, 1952 (Ga. L. 1952, p.
2059), an Act approved February 8,1955 (Ga. L. 1955, p. 2256), an Act
approved February 20, 1957 (Ga. L. 1957, p. 2194), an Act approved
March 28,1961 (Ga. L. 1961, p. 2656), an Act approved February 28,
1966 (Ga. L. 1966, p. 2063), an Act approved February 28,1966 (Ga. L.
1966, p. 2303), an Act approved March 31,1967 (Ga. L. 1967, p. 2386),
an Act approved March 29, 1968 (Ga. L. 1968, p. 2912), an Act
approved February 27, 1975 (Ga. L. 1975, p. 2542), an Act approved
February 27, 1975 (Ga. L. 1975, p. 2575), and an Act approved April
12,1982 (Ga. L. 1982, p. 4247), is repealed in its entirety.
Section 16. General 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
1983 session of the General Assembly of Georgia a bill to create a
Board of Commissioners for Miller County, Georgia to provide for the
powers, duties and responsibilities of said board; to provide for the
composition of said board; to provide for the election of the members
of said board by districts; to provide for the selection of a chairman
and vice-chairman of said board; to provide for an oath and bond for
the members of said board; to provide for the filling of vacancies in
membership on said board; to provide for the compensation of the
members of said board, including the chairman and vice-chairman; to
repeal 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; and for other purposes.
This 4th day of January, 1983.
Danny S. Shepard
Attorney for Miller County
GEORGIA LAWS 1983 SESSION
4605
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 is Representative from the 140th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Miller County Liberal which is the
official organ of Miller County, on the following dates: January 6,13,
20,1983.
/s/ Ralph J. Balkcom
Representative,
140th District
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
JASPER COUNTY OFFICE OF TREASURER
ABOLISHED.
No. 479 (House Bill No. 590).
AN ACT
To abolish the office of treasurer of Jasper County; to provide for
the county depositories; to transfer the duties, powers, responsibili-
4606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ties, and functions of the treasurer to the clerk of the board of
commissioners of Jasper County; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Effective December 31, 1984, or upon a vacancy
occurring in the office of treasurer of Jasper County prior to that date,
the office of treasurer of Jasper County shall stand abolished.
Section 2. The governing authority of Jasper County annually
shall appoint a depository or depositories of all funds of Jasper
County. All county funds which were paid to the treasurer shall be
paid to the clerk of the board of commissioners of Jasper County and
shall be deposited in said county depository or depositories.
Section 3. The clerk of the board of commissioners of Jasper
County shall exercise all the duties, responsibilities, powers, and
functions relative to the receiving and transferring of county funds
heretofore exercised by the treasurer. The clerk of the board of
commissioners shall hold no other elective or appointive office.
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 in the 1983 regular
session of the General Assembly a bill abolishing the office of trea-
surer of Jasper County; and providing for other matters relative to the
foregoing; and for other purposes.
This the 17th day of January, 1983.
Kenneth Waldrep
Representative,
District 80
GEORGIA LAWS 1983 SESSION
4607
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth Waldrep, who, on oath,
deposes and says that he is Representative from the 80th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Monticello News which is the official
organ of Jasper County, on the following dates: January 20, 27, and
February 3,1983.
/s/ Kenneth Waldrep
Representative,
80th District
Sworn to and subscribed before me,
this 11th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
COLUMBIA COUNTY COMPOSITION OF
COMMISSIONER DISTRICTS CHANGED, ETC.
No. 480 (House Bill No. 537).
AN ACT
To amend an Act creating a new board of commissioners of
Columbia County, approved March 21,1980 (Ga. L. 1980, p. 3707), so
4608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as to change the composition of districts from which members are
elected; to provide for the election of members from new commis-
sioner districts; to provide for terms of office; to provide that a
vacancy shall be created in the office of any member who no longer
resides within the district from which he was elected; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new board of commissioners of
Columbia County, approved March 21,1980 (Ga. L. 1980, p. 3707), 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 established in the County of Columbia a
board of commissioners, which shall be the governing authority of
said county and shall be composed of five members as hereinafter
provided. For the purpose of electing members of the board,
Columbia County is divided into five commissioner districts as fol-
lows:
Commissioner District No. 1 shall be composed of all that
land within Columbia County, Georgia more particularly
described as follows: BEGINNING at a point where Washington
Road intersects Columbia Road; running thence in a northwest-
erly direction along the centerline of Washington Road to Reed
Creek; running thence in an easterly direction down the thread of
the stream of Reed Creek to the centerline of Furys Ferry Road;
running thence in a northwesterly direction along the centerline of
Furys Ferry Road to Evans to Locks Road; running thence in an
easterly direction along the centerline of Evans to Locks Road to
the Savannah River; running thence in a northwesterly direction
up the thread of the Savannah River to its confluence with Uchee
Creek; running thence southerly up the thread of Uchee Creek to
its confluence with Tudor Branch; running thence southerly up
the thread of Tudor Branch to its confluence with Crawford
Creek; running thence southeasterly up the thread of Crawford
Creek to the centerline of Columbia Road; running thence in an
easterly direction along the centerline of Columbia Road to its
intersection with Washington Road and the point of BEGIN-
NING.
GEORGIA LAWS 1983 SESSION
4609
Commissioner District No. 2 shall be composed of all that
land within Columbia County, Georgia more particularly
described as follows: BEGINNING at a point where Willowood
Drive intersects the boundary line between Columbia County and
Richmond County; running thence in a westerly direction along
the centerline of Willowood Drive to its intersection with
Maywood Drive; running thence in a northerly direction along the
centerline of Maywood Drive to its intersection with Columbia
Road; running thence in an easterly direction along the centerline
of Columbia Road to its intersection with Washington Road;
running thence in a northwesterly direction along the centerline of
Washington Road to Reed Creek; running thence in an easterly
direction down the thread of Reed Creek to Furys Ferry Road;
running thence in a northwesterly direction along the centerline of
Furys Ferry Road to its intersection with Evans to Locks Road;
running thence in an easterly direction along the centerline of
Evans to Locks Road to the Savannah River; running thence in a
southeasterly direction down the thread of the Savannah River to
the point of its intersection with the Richmond County Line;
running thence in a southwesterly direction along the boundary
line of Columbia County and Richmond County to its intersection
with Willowood Drive and the BEGINNING.
Commissioner District No. 3 shall be composed of all that
land within Columbia County, Georgia more particularly
described as follows: BEGINNING at a point where Wrightsboro
Road intersects the boundary line between Columbia County and
Richmond County, Georgia; running thence in a westerly direction
along the centerline of Wrightsboro Road to its intersection with
the city limits of Grovetown, Georgia; running thence in a north-
erly and westerly direction along the city limits of Grovetown,
Georgia to its intersection with Lewiston Road; running thence in
a northerly direction along the centerline of Lewiston Road to its
intersection with Interstate Highway 20; running thence in a
westerly direction along the centerline of Interstate Highway 20 to
Uchee Creek; running thence in a southerly and westerly direction
up the thread of Euchee Creek to its origin; running thence due
west to Georgia State Highway 47; running thence in a northerly
direction along the centerline of Georgia State Highway 47 to its
intersection with Fairview Drive; running thence in a southwest-
erly direction along the centerline of Fairview Drive to its inter-
section with Sawdust Road; running thence in a southwesterly
direction along the centerline of Sawdust Road to its intersection
4610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with U.S. Highway 78; running thence in a westerly direction
along the centerline of U.S. Highway 78 to the boundary line
between Columbia County and McDuffie County, Georgia;
running thence in a southerly direction along the Columbia
County and McDuffie County line to a point where it intersects
with the Richmond County Line; running thence in a northeast-
erly direction along the Columbia County and Richmond County
Line to a point where it intersects Wrightsboro Road and the
point of BEGINNING.
Commissioner District No. 4 shall be composed of all that
land within Columbia County, Georgia more particularly
described as follows: BEGINNING at a point where Wheeler
Road intersects the boundary line between Columbia County and
Richmond County; running thence in a westerly direction along
the centerline of Wheeler Road to its intersection with Beverly
Road; running thence in a northerly direction along the centerline
of Beverly Road to its intersection with Avery Avenue; running
thence in a westerly direction along the centerline of Avery
Avenue to its intersection with County Road 388; running thence
in a southerly and westerly direction along the centerline of
County Road 388 to its intersection with Wheeler Road; running
thence in a westerly direction along the centerline of Wheeler
Road to its intersection with South Belair Road and Old Belair
Road; running thence in a westerly and northerly direction along
the centerline of Old Belair Road to its intersection with Columbia
Road; Running thence in a westerly direction along the centerline
of Columbia Road to Euchee Creek; running thence in a northerly
direction down the thread of Euchee Creek to its confluence with
Tudor Branch; running thence in a southerly direction up the
thread of Tudor Branch to its confluence with Crawford Creek;
running thence in a southeasterly direction up the thread of
Crawford Creek to its intersection with Columbia Road; running
thence in an easterly direction along the centerline of Columbia
Road to its intersection with Maywood Drive; running thence in a
southerly direction along the centerline of Maywood Drive to its
intersection with Willowood Drive; running thence in an easterly
direction along the centerline of Willowood Drive to its inter-
section with the Columbia County and Richmond County Line;
running thence in a southwesterly direction along the Columbia
County and Richmond County Line to its intersection with
Wheeler Road and the BEGINNING.
GEORGIA LAWS 1983 SESSION
4611
Commissioner District No. 5 shall be composed of all that
land within Columbia County, Georgia more particularly
described as follows: BEGINNING at a point where Wrightsboro
Road intersects the boundary line between Columbia County and
Richmond County, Georgia; running thence in a westerly direction
along the centerline of Wrightsboro Road to its intersection with
the city limits of Grovetown, Georgia; running thence in a north-
erly and westerly direction along the city limits of Grovetown,
Georgia to its intersection with Lewiston Road; running thence in
a northerly direction along the centerline of Beverly Road to its
intersection with Avery Avenue; running thence in a westerly
direction along the centerline of Avery Avenue to its intersection
with County Road 388; running thence in a southerly and westerly
direction along the centerline of County Road 388 to its inter-
section with Wheeler Road; running thence in a westerly direction
along the centerline of Wheeler Road to its intersection with
South Belair Road and Old Belair Road; running thence in a
southerly and westerly direction up the thread of Uchee Creek to
its origin; running thence due west to Georgia State Highway 47;
running thence in a northerly direction along the centerline of
Georgia State Highway 47 to its intersection with Fairview Drive;
running thence in a southwesterly direction along the centerline of
Fairview Drive to its intersection with Sawdust Road; running
thence in a southwesterly direction along the centerline of
Sawdust Road to its intersection with U.S. Highway 78; running
thence in a westerly direction along the centerline of U.S. Highway
78 to the boundary line between Columbia County and McDuffie
County; running thence in a northerly direction along the
Columbia County and McDuffie County line to a point it inter-
sects the boundary line between Columbia County and Lincoln
County; running thence in generally easterly direction along the
boundary line between Columbia County and Lincoln County to a
point where it intersects with the boundary line between the State
of Georgia and the State of South Carolina; running thence in a
southeasterly direction along the boundary line between the State
of Georgia and the State of South Carolina to the confluence of
Uchee Creek; running thence in a southerly direction up the
thread of Uchee Creek to Columbia Road; running thence in an
easterly direction along the centerline of Columbia Road to its
intersection with Old Belair Road; running thence in a southerly
and easterly direction along the centerline of Old Belair Road to
its intersection with South Belair Road and Wheeler Road;
running thence in an easterly direction along the centerline of
4612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Wheeler Road to a point where it intersects with County Road
388; running thence in a northerly and easterly direction along the
centerline of County Road 388 to its intersection with Avery
Avenue; running thence in an easterly direction along the center-
line of Avery Avenue to its intersection with Beverly Road;
running thence in a southerly direction along the centerline of
Beverly Road to its intersection with Wheeler Road; running
thence in an easterly direction along the centerline of Wheeler
Road to a point where it intersects at the Columbia County and
Richmond County line; running thence in a southwesterly direc-
tion along the Columbia County and Richmond County line to it
intersection with Wrightsboro Road and the point of BEGIN-
NING.
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 present members of the board of commis-
sioners of Columbia County shall continue to serve out the terms of
office for which they were elected and until their successors are
elected and qualified as provided in this section. Members of the
board of commissioners shall be deemed to represent the commis-
sioner district provided for in Section 1, which number corresponds to
the commissioner district for which they were elected. Beginning
with the primary and general elections held in 1984 and thereafter at
which members of the board of commissioners are elected, members
shall be elected from the commissioner districts provided for in
Section 1.
(b) At the general election of 1984, new members from Commis-
sioner Districts 3, 4, and 5 shall be elected. Members elected from
Commissioner Districts 3,4, and 5 shall take office on the first day of
January following their election and shall serve for a term of four
years. At the general election of 1986, new members from Commis-
sioner Districts 1 and 2 shall be elected. Members elected from
Commissioner Districts 1 and 2 shall take office on the first day of
January following their election and shall serve for a term of four
years. Thereafter, successors to the members of the board shall be
elected in the general election in which their terms of office shall
expire, shall take office on the first day of January following their
election, and shall serve for a term of four years and until their
successors are duly elected and qualified. In order to be elected as a
GEORGIA LAWS 1983 SESSION
4613
member of the board from a commissioner district, a candidate shall
be a bona fide resident of such district. One member of the board
shall be from each district. Each member of the board shall be elected
by the qualified voters of the entire county.
(c) In all elections conducted pursuant to this Act, each candi-
date shall designate, at the time of qualifying, the district from which
he offers as a candidate. To be elected as a member of the board, a
candidate must receive the highest number of votes cast for the seat
he is seeking; and, at the same time, a candidate must receive a
majority of the total votes cast for the election of a commissioner to
that seat. In the event no candidate for a particular seat receives a
majority of the votes for the seat he is seeking, a run-off election shall
be conducted for that particular seat in accordance with the provi-
sions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election
Code, as now or hereafter amended.
(d) A vacancy shall be created in the office of any member of the
board of commissioners who no longer resides within the district from
which he was elected.
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
session of the General Assembly of this state of Georgia a bill to
amend an act creating the Board of Commissioners of Columbia
County. Approved August 18,1927 (Georgia Laws 1927, Page 549, as
amended, and for other purposes).
This 3rd day of January, 1983.
William S. Jackson
Representative,
83rd District
4614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, William S. Jackson, who, on oath,
deposes and says that he is Representative from the 83rd District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Columbia News which is the official
organ of Columbia County, on the following dates: January 5,12,19,
1983.
/s/ William S. Jackson
Representative,
83rd District
Sworn to and subscribed before me,
this 8th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
CITY OF SUMMERVILLE POSITION OF CITY
MANAGER CREATED.
No. 481 (House Bill No. 486).
AN ACT
To amend an Act creating a new charter for the City of
Summerville in Chattooga County, approved March 28,1961 (Ga. L.
GEORGIA LAWS 1983 SESSION
4615
1961, p. 2658), as amended by an Act approved March 27,1965 (Ga. L.
1965, p. 2703), an Act approved April 1,1965 (Ga. L. 1965, p. 3173), an
Act approved February 27, 1970 (Ga. L. 1970, p. 2211), an Act
approved March 16, 1971 (Ga. L. 1971, p. 2111), an Act approved
March 27,1972 (Ga. L. 1972, p. 2694), an Act approved April 3,1972
(Ga. L. 1972, p. 3488), an Act approved March 28,1973 (Ga. L. 1973,
p. 2311), and an Act approved March 31,1976 (Ga. L. 1976, p. 3515),
so as to create the position of city manager; to prescribe the qualifica-
tions, powers, duties, tenure, and compensation of the city manager;
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 new charter for the City of
Summerville in Chattooga County, approved March 28,1961 (Ga. L.
1961, p. 2658), as amended by an Act approved March 27,1965 (Ga. L.
1965, p. 2703), an Act approved April 1,1965 (Ga. L. 1965, p. 3173), an
Act approved February 27, 1970 (Ga. L. 1970, p. 2211), an Act
approved March 16, 1971 (Ga. L. 1971, p. 2111), an Act approved
March 27,1972 (Ga. L. 1972, p. 2694), an Act approved April 3,1972
(Ga. L. 1972, p. 3488), an Act approved March 28,1973 (Ga. L. 1973,
p. 2311), and an Act approved March 31,1976 (Ga. L. 1976, p. 3515), is
amended by adding following Section 5 a new Section 5.1 to read as
follows:
Section 5.1. (a) The mayor and council of the City of
Summerville shall select and appoint a city manager for the City of
Summerville, who shall, subject to the control, direction, and supervi-
sion of the mayor and council, be the head of the administrative
branch of the municipal government of the City of Summerville and
responsible for the efficient administration of all departments of said
municipal government.
(b) The city manager shall be chosen solely on the basis of
ability, training, and experience. At the time of his appointment he
need not be a resident of the city or state but during his tenure of
office he shall reside within the city. No person elected to be mayor or
councilman of the City of Summerville shall, subsequent to such
election, be eligible for appointment as city manager until after one
year has elapsed following the expiration of the term for which he was
4616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elected. Neither the city manager nor any other officer or employee of
any department under him shall campaign or solicit votes for or
contract any money towards the election or nomination of any person
as mayor or councilman of the city, except to answer such questions as
may be put and that they may desire to answer. Any violation of this
section shall subject the offender to removal from office.
(c) The city manager shall be appointed for an indefinite term
and shall hold office until he shall be removed as provided in this
subsection. The mayor and council of the City of Summerville may
remove the city manager at any time within six months after his
appointment and qualification at the will of said mayor and council,
but the city manager shall not thereafter be removed from office until
served with written charges and given a public hearing before the
mayor and council. During any suspension or disability of said city
manager, the mayor and council shall designate some properly quali-
fied person to perform the duties of the office.
(d) The mayor and council may designate a person or persons to
perform the functions and duties of the city manager during his
absence or disability. Vacancies in the office of city manager shall be
filled by the mayor and council as early as practicable and, until such
vacancy is filled, the mayor and council shall perform the functions
and duties of the office.
(e) The city manager shall receive such compensation as may
from time to time be prescribed by ordinance or resolution of the
mayor and council.
(f) The city manager shall devote his full time and attention to
the affairs of the city and shall be responsible to the mayor and
council for the efficient administration of all the affairs of the city
over which he has jurisdiction.
(g) Subject to the control, direction, and supervision of the
mayor and council, the city manager shall have power and it shall be
his duty:
(1) To see that all laws and ordinances are enforced;
(2) To see that the business and affairs of the city are
efficiently organized and handled;
GEORGIA LAWS 1983 SESSION
4617
(3) To exercise administrative control over all regular
departments and divisions of the City of Summerville;
(4) To recommend to the mayor and council for appoint-
ment or election all officers which said mayor and council may
have authority to appoint or elect. Such appointees shall appoint
and remove all subordinate officers and employees in their respec-
tive offices and departments with the approval of the city manager
and the city council. Upon failure of such appointees or city
manager to act in making such appointments and removals, the
mayor and council shall have full power and authority to act.
Nothing herein shall prevent the mayor and council from creating,
abolishing, consolidating, altering, or modifying departments;
(5) To suspend any city employee until the next regular
meeting of the city council. It shall be the duty of the city council
at the next regular meeting following the suspension of any city
employee by the city manager to either affirm or reject the action
of the city manager. In the event that the city council shall affirm
the action of the city manager, such employee shall be considered
to have been dismissed from city employment as of the date of his
suspension by the city manager. In the event that the city council
shall reject the action by the city manager, the city employee shall
be reinstated with all the former benefits of his employment,
including the right to be paid his regular compensation from the
date of his suspension;
(6) To attend the meetings of the mayor and council, with
the right to take part in all discussions but having no vote;
(7) To recommend to the mayor and council for adoption
such measures as he may deem necessary or expedient;
(8) To prepare and submit to the mayor and council an
annual budget;
(9) To keep the mayor and council fully advised as to the
financial condition and needs of the city;
(10) To make and execute all lawful contracts on behalf of
the City of Summerville as to matters within his jurisdiction,
except such as may be otherwise provided by law or by ordinance
or resolution of the mayor and council. However, no contract,
4618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
purchase, or obligation involving more than $500.00 shall be valid
or binding until approved by the mayor and council; and without
the approval of the mayor and council neither the city manager
nor any other officer or employee shall in any calendar month
expend or obligate for any purpose any sum or sums in excess of
the monthly budget, or one-twelfth of the annual budget therefor,
as fixed by the mayor and council. No department head of the
City of Summerville shall make any purchase on behalf of said city
without a written purchase order signed by the city manager;
(11) To make to the mayor and council monthly written
reports showing his acts and doings, the operations of the city, and
all city disbursements, purchases, contracts, and obligations;
(12) To perform such other duties as may be required by
ordinance or resolution of the mayor and council; and
(13) To give bond in the penal sum fixed by the mayor and
council, with surety approved by the mayor and council, payable
to the City of Summerville and its successors and assigns, for the
benefit of the said City of Summerville and for the use and benefit
of the public, to secure and indemnify the City of Summerville and
each and all of the public, by reason of his default, misfeasance,
malfeasance, or nonfeasance in the performance of his duties. The
premiums for such bonds shall be paid by the City of
Summerville.
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 1983
session of the General Assembly of Georgia, a bill to amend an Act
creating a new charter for the City of Summerville in Chattooga
County, approved March 28,1961 (Ga. L. 1961, p. 2658), as amended
by an Act approved March 27, 1965 (Ga. L. 1965, p. 2703), an Act
approved April 1, 1965 (Ga. L. 1965, p. 3173), an Act approved
GEORGIA LAWS 1983 SESSION
4619
February 27,1970 (Ga. L. 1970, p. 2211), an Act approved March 16,
1971 (Ga. L. 1971, p. 2111), an Act approved March 27, 1972 (Ga. L.
1972, p. 2694), an Act approved April 3,1972 (Ga. L. 1972, p. 3488), an
Act approved March 28, 1973 (Ga. L. 1973, p. 2311), and an Act
approved March 31, 1976 (Ga. L. 1976, p. 3515), so as to create the
position of city manager; to prescribe the qualifications, powers,
duties, tenure, and compensation of the city manager; to provide for
all related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
This 8th day of Jan., 1983.
John A. Crawford
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 is Representative from the 5th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Summerville News which is the official organ of
Chattooga County, on the following dates: January 13,20,27,1983.
/s/ John Crawford
Representative,
5th District
Sworn to and subscribed before me,
this 7th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOWNS COUNTY PROBATE JUDGE MODE OF
COMPENSATING CHANGED, ETC.
No. 482 (House Bill No. 642).
AN ACT
To abolish the present mode of compensating the judge of the
Probate Court of Towns County, known as the fee system; to provide
in lieu thereof an annual salary; to provide for reimbursement of
actual and necessary expenses; 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 the payment of the operating expenses of said office; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the
Probate Court of Towns County, known as the fee system, is abol-
ished and, in lieu thereof, an annual salary for such officer is pre-
scribed as hereinafter provided.
Section 2. The judge of the Probate Court shall receive an
annual salary of $18,000.00, beginning on July 1, 1983, payable in
equal monthly installments from county funds.
Section 3. In addition to compensation provided for in Section
2 of this Act, the judge of the probate court shall be reimbursed for
actual and necessary expenses incurred in carrying out his official
duties as the governing authority of Towns County.
Section 4. After the effective date of this Act, said officer shall
diligently and faithfully undertake to collect all fees, fines, forfei-
GEORGIA LAWS 1983 SESSION
4621
tures, commissions, costs, allowances, penalties, funds, moneys, and
all other emoluments and perquisites formerly allowed him as com-
pensation for services in any capacity, and shall receive and hold the
same in trust for said county as public moneys, and shall pay the same
into the county treasury on or before the fifteenth day of each month
next following the month in which they were collected or received.
Section 5. The necessary operating expenses of the judge of the
probate courts office, expressly including the compensation of all
personnel and employees, shall be paid from any funds of the county
available for such purpose. All supplies, materials, furnishings, furni-
ture, 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.
Section 6. This Act shall become effective on July 1,1983.
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 1983
session of the General Assembly of Georgia, a bill to provide an
annual salary for the Judge of the Probate Court of Towns County;
and for other purposes.
This 7th day of January, 1983.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ralph Twiggs, who, on oath, deposes
and says that he is Representative from the 4th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
4622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
was published in the Towns County Herald which is the official organ
of Towns County, on the following dates: January 14,21,28,1983.
/s/ Ralph Twiggs
Representative,
4th District
Sworn to and subscribed before me,
this 15th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
COBB COUNTY COMPENSATION OF CERTAIN
OFFICIALS CHANGED.
No. 483 (House Bill No. 694).
AN ACT
To amend an Act changing the compensation of the clerk of the
superior court, the sheriff, and the judge of the Probate Court of Cobb
County from the fee system to the salary system, approved February
9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the
provisions relating to the compensation of the clerk of the superior
court and the deputy clerk of the superior court; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the clerk of the
superior court, the sheriff, and the judge of the Probate Court of Cobb
County from the fee system to the salary system, approved February
GEORGIA LAWS 1983 SESSION
4623
9, 1949 (Ga. L. 1949, p. 427), 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. (a) The clerk of the superior court shall receive an
annual salary of $34,821.00, to be paid in equal monthly installments
from the funds in the county treasury.
(b) The clerk of the superior court shall be allowed a deputy
clerk whose annual salary shall be $31,535.00, to be paid in equal
monthly installments from the funds in the county treasury. Any
candidate for the office of clerk of the Superior Court of Cobb County
shall, on the date of his qualification for such office in either a
primary or general election, certify to the judge of the Probate Court
of Cobb County the name of the person he shall appoint as his deputy
clerk in the event he is elected to the office of clerk; and the person so
named and certified by the successful candidate for such office shall
serve as the deputy clerk during the term for which he was so named.
In the event of the death or the removal from office of said deputy
clerk, the clerk of the superior court shall have 30 days from said date
of death or removal from office of said deputy clerk to certify to the
judge of the Probate Court of Cobb County the name of the new
deputy clerk to be appointed by him. In addition to said deputy clerk,
the clerk of the Superior Court of Cobb County shall be authorized
and empowered to employ the clerical help necessary to perform
properly the functions and duties of the office, provided that the
number of employees and salaries or other compensation to be paid to
each shall first be approved by the governing authority of Cobb
County.
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 Janu-
ary-February 1983 session of the General Assembly of Georgia, a bill
4624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to amend an Act changing the compensation of the Clerk of the
Superior Court, the Sheriff, and the Judge and the Clerk of the
Probate Court of Cobb County from the fee system to the salary
system, approved February 9,1949 (Ga. L. 1949, p. 428) as amended,
so as to change the compensation of the Sheriff, the Sheriffs Chief
Deputy, the Clerk of the Superior Court, the Deputy Clerk of the
Superior Court, the Judge of the Probate Court, and the Clerk of the
Probate Court; and for other purposes.
This 31st day of December, 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
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 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: December 31,
1982, January 7,14,21,28,1983.
/s/ George W. Darden
Representative,
20th District
GEORGIA LAWS 1983 SESSION
4625
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
CITY OF WATKINSVILLE NEW CORPORATE
CHARTER.
No. 484 (House Bill No. 708).
AN ACT
To create and incorporate the City of Watkinsville in the County
of Oconee and grant a charter to that municipality under that
corporate name and style; to prescribe and define the corporate limits
thereof; to provide a municipal government for said city and to
declare the rights, powers, privileges, and liabilities of said corpora-
tion; to authorize said city to issue bonds and other evidences of debt
for public purposes, such as for school buildings and equipments for
same, sewers, electric lights, and water works; to declare and define
the police powers of said city; to declare and define the duties and
powers of the officers of said city; to provide for other matters of
municipal regulations, concern, and welfare; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
4626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
ARTICLE I
CHARTER, INCORPORATION, POWERS
Section 1.10. Incorporation. The City of Watkinsville, Georgia,
in the County of Oconee, and the inhabitants thereof shall continue to
be a body politic and corporate under the same name and style of the
City of Watkinsville, Georgia. Under that name, said city shall
continue to be vested with all of the property and rights of property
which now belong to the corporation; shall have perpetual succession;
may sue and be sued; may contract and be contracted with; may
acquire and hold such property, real and personal, as may be devised,
bequeathed, sold, or in any manner conveyed or dedicated to or
otherwise acquired by it, and from time to time may hold or invest,
sell, or dispose of the same; may have a common seal and later may
renew the same at will; and may exercise in conformity with this
charter all municipal powers, functions, rights, privileges, and immu-
nities of every name and nature whatsoever.
Section 1.11. Corporate limits. The corporate limits of the City
of Watkinsville shall extend one mile equidistant in every direction
from a point where the northeasterly side of Georgia Highway 15
(Greensboro Highway) intersects with the southeasterly side of Bar-
nett Shoals Road, said point being located twenty feet from the center
line of the Barnett Shoals Road and forty feet from the extended
centerline of Georgia Highway 15, in Oconee County.
Section 1.12. Specific powers. In conformity with and subject to
the requirements of the general laws of this state, the corporate
powers of the government of the City of Watkinsville, to be exercised
by the governing authority, may include the following:
(1) To levy and to provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(2) To levy and to provide for the collection of license fees
and taxes on privileges, occupations, trades, and professions; to
license and regulate such privileges, occupations, trades, and
professions; and to provide for the manner and method of pay-
ment of such licenses and taxes;
GEORGIA LAWS 1983 SESSION
4627
(3) To make appropriations for the support of the govern-
ment of the city; to authorize the expenditure of money for any
purposes authorized by this charter and for any purpose for which
a municipality is authorized by the laws of the State of Georgia;
and to provide for the payment of expenses of the city;
(4) To appropriate and borrow money for the payment of
debts of the city and to issue bonds to carry out any project,
program, or venture authorized by this charter or the laws of the
State of Georgia;
(5) To acquire, dispose of, and hold in trust or otherwise any
real, personal, or mixed property in fee simple or lesser interest
inside or outside the property limits of the city;
(6) To accept or refuse gifts, donations, bequests, or grants
from any source for any purpose related to the powers and duties
of the city and the general welfare of its citizens, on such terms
and conditions as the donor or grantor may impose;
(7) To condemn 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 Title 22 of the
O.C.G.A. or under other applicable public Acts as are or may be
enacted;
(8) To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, gas works, electric
light plants, transportation facilities, public airports, and any
other public utility; to fix the taxes, charges, rates, fees, fares,
assessments, regulations, penalties, and withdrawal of service for
refusal or failure to pay same; and to fix the manner in which such
remedies shall be enforced;
(9) To grant franchises or make contracts for public utilities
and public services not to exceed periods of 35 years; to prescribe
the rates, fares, regulations, standards, and conditions of service
applicable to the service to be provided by the franchise grantee or
contractor insofar as not to conflict with such regulations by the
Public Service Commission; 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;
4628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) To lay out, open, extend, widen, narrow, establish,
change the grade of, abandon, close, construct, pave, curb, gutter,
adorn with shade trees, improve, maintain, repair, clean, prevent
erosion of, and light roads, alleys, and walkways within the
corporate limits of the city;
(11) To grant franchises and rights of way throughout the
streets and roads and over the bridges and viaducts for the use of
public utilities;
(12) To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks, playgrounds,
recreational facilities, cemeteries, markets and market houses,
public buildings, libraries, sewers, drains, sewerage treatment,
airports, hospitals, and charitable, cultural, educational, recrea-
tional, conservation, sport, curative, corrective, detentional,
penal, and medical institutions, agencies, and facilities and to
make other public improvements inside or outside the corporate
limits of the city and regulate the use thereof; and, for such
purposes, property may be acquired by condemnation under Title
22 of the O.G.G.A. or other applicable public Acts as are or may be
enacted;
(13) To require real-estate owners to repair and maintain in a
safe condition the sidewalks adjoining their lots or lands and to
enact ordinances establishing the terms and conditions under
which such repairs and maintenance shall be effected, including
the penalties to be imposed for failure to do so;
(14) To regulate the erection and construction of buildings
and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air-conditioning codes; to regulate
all housing, building, and building trades; to license all building
trades; and to license the construction and erection of buildings
and all other structures;
(15) To adopt ordinances and regulations for the prevention
of loitering, disorderly conduct, and disturbing the peace in the
corporate limits of the city; to prohibit the playing of lotteries
therein; to provide for the prevention and punishment of riots and
public disturbances; to regulate public meetings and public speak-
ing in the streets of said city by preventing the obstruction of the
streets or the gathering of disorderly crowds; and to prohibit or
GEORGIA LAWS 1983 SESSION
4629
regulate by ordinance such other conduct and activities within the
City of Watkinsville which, while not constituting offenses against
the laws of this state are, nevertheless, 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;
(16) To regulate or prohibit junk dealers; pawnshops; the
manufacture, sale, or transportation of intoxicating liquids and
liquors; the use and sale of firearms; the transportation, storage,
and use of combustible, explosive, and inflammable materials; the
use of lighting and heating equipment; and any other business or
situation which may be dangerous to persons or property;
(17) To regulate and control the conduct of peddlers, itiner-
ant trades, theatrical performances, exhibitions, and shows of any
kind whatever by taxation or otherwise;
(18) To license, tax, regulate, or prohibit professional for-
tunetelling or palmistry;
(19) To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs,
fences, buildings, and any and all other structures or obstructions
upon or adjacent to the rights of way of streets and roads and
within view thereof, within or abutting the corporate limits of the
city and to prescribe penalties and punishment for violation of
such ordinances;
(20) To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(21) To regulate the emission of smoke or other exhaust
which pollutes the air and to prevent the pollution of natural
streams which flow within the corporate limits of the city;
(22) To fix and establish fire limits and from time to time to
extend, enlarge, or restrict same; to prescribe fire safety regula-
tions not inconsistent with general law relating to both fire
prevention and detection and to fire fighting; and to prescribe
penalties and punishment for violation thereof;
(23) To provide for the destruction and removal of any
building or other structure which may or might become dangerous
or detrimental to the public;
4630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(24) To provide for the collection and disposal of garbage,
rubbish, and refuse; to regulate the collection and disposal of
garbage, rubbish, and refuse by others and to provide for the
separate collection of glass, tin, aluminum, cardboard, paper, and
other recyclable materials and for the sale of such items; to levy,
fix, assess, and collect a service charge, tax, or fee for such services
as may be necessary in the operation of the city from all individ-
uals, firms, and corporations residing in or doing business within
the city and benefiting from such services; and to provide for the
collection of and to enforce the payment of such charges, taxes,
and fees;
(25) To levy a fee, charge, or tax as necessary to ensure the
acquiring, constructing, equipping, maintaining, and extending of
a sewage disposal plant and sewerage system; to levy on the users
of sewers and the sewerage system a sewer connection fee or fees or
a sewer service charge, fee, of tax for the use of sewers, or both; and
to provide for the manner and method of collecting such charges
and for enforcing payment of same;
(26) To levy a fee, charge, or tax as necessary to ensure the
acquiring, constructing, equipping, maintaining, and extending of
a waterworks system; to levy on the users of the waterworks
system a connection fee, service charge, fee, or tax for the use of
the waterworks system; and to provide for the manner and method
of collecting such charges and for enforcing payment of same;
(27) To define, regulate, and prohibit any act, conduct, prac-
tice, or use of property which is detrimental or likely to be
detrimental to the health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city and to provide for the
enforcement of such standards;
(28) To define a nuisance and provide for its abatement
whether on public or private property;
(29) To provide for the preservation and protection of prop-
erty and equipment of the city and the administration and use of
same by the public and to prescribe penalties and punishment for
violations thereof;
(30) To establish minimum standards for and to regulate
building construction and repair, electrical wiring and equipment,
GEORGIA LAWS 1983 SESSION
4631
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;
(31) To provide that persons given jail sentences in the
recorders court shall work out such sentence in any public works
or on the streets, roads, drains, and squares in the city or to
provide for commitment of such persons to any county correc-
tional institution or jail by agreement with the appropriate county
officials;
(32) To regulate and license or prohibit the keeping or
running at large of animals and fowls; to provide for the impound-
ment of same if in violation of any ordinance or lawful order; to
provide for their disposition by sale, gift, or humane destruction
when not redeemed as provided by ordinance; and to provide
punishment for violation of ordinance enacted hereunder;
(33) To regulate the operation of motor vehicles and to
exercise control over all traffic, including parking, upon or across
the streets, roads, alleys, and walkways of the city;
(34) To regulate and license vehicles operated for hire in the
city; to limit the number of such vehicles; to require the operators
thereof to be licensed; to require public liability insurance on such
vehicles in the amounts to be prescribed by ordinance; and to
regulate and rent parking spaces in public ways for the use of such
vehicles;
(35) To provide and maintain a system of pensions and
retirement for officers and employees of the city;
(36) To levy and provide for the collection of special assess-
ments to cover the costs of any public improvements;
(37) To enter into contracts and agreements with other gov-
ernment entities and with private persons, firms, and corporations
providing for services to be furnished and payments to be made
therefor;
(38) To create, alter, or abolish departments, boards, offices,
commissions, and agencies of the city and to confer upon such
agencies the necessary and appropriate authority for carrying out
all the powers conferred upon or delegated to same;
4632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(39) To make, ordain, and establish such bylaws, ordinances,
rules, and regulations as shall appear necessary for the security,
welfare, convenience, and interest of the city and the inhabitants
thereof and for preserving the health, peace, order, and good
government of the city;
(40) To provide penalties for violations of any ordinance
adopted pursuant to the authority of this charter and the laws of
the State of Georgia;
(41) To exercise the power of arrest through duly appointed
policemen;
(42) To establish procedures for determining and proclaim-
ing that an emergency situation exists within or without the city
and to make and carry out all reasonable provisions deemed
necessary to deal with or meet such an emergency for the protec-
tion, safety, health, or well-being of the citizens of the city; and
(43) To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or
protect the safety, health, peace, security, good order, comfort,
convenience, or general welfare of the city and its inhabitants; to
exercise all implied powers necessary to carry into execution all
powers granted in this charter as fully and completely as if such
powers were fully enumerated herein; and to exercise all powers
now or in the future authorized to be exercised by other municipal
governments under other laws of the State of Georgia. No
enumeration of particular powers in this charter shall be held to be
exclusive of others, nor restrictive of general words and phrases
granting powers, but shall be held to be in addition to such powers
unless expressly prohibited to municipalities under the Constitu-
tion or applicable laws of the State of Georgia.
Section 1.13. General powers. In addition to all other powers
herein granted, the city shall be vested with any and all powers which
municipal corporations are, or may hereafter be, authorized or
required to exercise under the Constitution and laws of the State of
Georgia as fully and completely as though such powers were specifi-
cally enumerated herein and any and all powers which the city was
heretofore authorized to exercise upon the effective date of this
charter.
GEORGIA LAWS 1983 SESSION
4633
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 the City of
Watkinsville full power and right to exercise all governmental author-
ity necessary for the effective operation and conduct of the city and
all of its affairs.
Section 1.15. Exercise of powers. All powers, functions, rights,
privileges, and immunities of the city, its officers, agencies, or
employees shall be carried into execution as provided by this charter.
If this charter makes no provision, such powers, functions, rights,
privileges, and immunities shall be carried into execution as provided
by ordinance of the governing authority and as provided by pertinent
laws of the State of Georgia.
ARTICLE II
GOVERNING BODY
Section 2.10. Creation. The legislative authority of the City of
Watkinsville, except as otherwise specifically provided in this charter,
shall be vested in a city council to be composed of a mayor and five
council members. The mayor and council members shall be elected in
the manner provided by Article V of this charter.
Section 2.11. Terms and qualifications of office. The members
of the council shall serve for terms of two years and until their
respective successors are elected and qualified. No person shall be
eligible to serve as mayor or council member unless he shall have been
a resident of the city for a period of one year immediately prior to the
date of the election of mayor or members of the council, shall continue
to reside therein during his period of service, shall be registered and
qualified to vote in municipal elections of the City of Watkinsville,
and shall have attained the age of 21 years at the beginning of the
term.
Section 2.12. Vacancy; forfeiture of office; filling of vacancies,
(a) The office of mayor or council member shall become vacant upon
the incumbents death, resignation, forfeiture of office, or removal
from office in any manner authorized by this charter of the laws of the
State of Georgia.
4634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The mayor or any council member shall forfeit his office if
he:
(1) Lacks at any time during his term of office any qualifica-
tions of the office as prescribed by this charter or the laws of the
State of Georgia;
(2) Willfully and knowingly violates any express prohibition
of this charter; or
(3) Is convicted of a crime involving moral turpitude.
(c) 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 of this charter.
Section 2.13. Compensation and expenses. The mayor and
council members shall receive compensation for their services in an
amount set by ordinance. The mayor and council members shall be
entitled to receive their actual and necessary expenses incurred in the
performance of their duties.
Section 2.14. Prohibitions, (a) Except as authorized by law, no
member of the council shall hold any other elective city office or other
city employment during the term for which he was elected. The
provisions of this section shall not apply to any person holding
employment on the effective date of this Act.
(b) Neither the mayor nor any council member shall vote upon
any question in which he is personally interested.
Section 2.15. Inquiries and investigations. The council may
make inquiries and investigations into the affairs of the city and the
conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers by
the council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the council, (a)
Except as otherwise provided by law or by this charter, the council
shall be vested with all the powers of government of the City of
Watkinsville as provided by Article I of this charter.
GEORGIA LAWS 1983 SESSION
4635
(b) In addition to all other powers conferred upon it by law, the
council shall have the authority to adopt and provide for the execu-
tion of such ordinances, resolutions, rules, and regulations, not incon-
sistent with this charter, the Constitution, and the laws of the State of
Georgia, which it shall deem necessary, expedient, or helpful for the
peace, good order, protection of life and property, health, welfare,
sanitation, comfort, convenience, prosperity, or well-being of the
inhabitants of the City of Watkinsville and may enforce such ordi-
nances by imposing penalties for violation thereof.
(c) The council may by ordinance change, create, alter, abolish,
or consolidate offices, agencies, and departments of the city and may
assign additional functions to any of the offices, agencies, and depart-
ments expressly provided for by this charter.
Section 2.17. Regular and special meetings, (a) The council
shall hold regular meetings at such times and places as prescribed by
ordinance. The council may recess any regular meeting and continue
such meetings on any weekday or hour it may fix and may transact
any business at such continued meeting as may be transacted at any
regular meeting.
(b) Special meetings of the council may be held on call of the
mayor or three members of the council. Notice of such special
meetings shall be served on all other members personally, or shall be
telephoned personally, or shall be left at their residences at least 24
hours in advance of the meeting. Such notice shall not be required if
the mayor and all council members are present when the special
meeting is called. Notice of any special meeting may be waived in
writing before or after such meetings, and attendance at the meeting
shall also constitute a waiver of notice of any special meeting. Only
the business stated in the call may be transacted at the special
meeting, except by unanimous consent of all members present. With
such consent any business which may be transacted in a regular
meeting may be conducted at the special meeting.
(c) All meetings of the council shall be public.
Section 2.18. Rules of procedure. The council shall adopt its
rules of procedure and order of business consistent with the provi-
sions of this charter and shall provide for the keeping of a journal of
its proceedings, which journal shall be a public record.
4636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.19. Quorum, voting. The mayor or mayor pro
tempore and three council members shall constitute a quorum for the
transction of any business before the body, and a majority of the votes
cast shall determine questions before them.
Section 2.20. Ordinance forms; procedure, (a) Every proposed
ordinance shall be introduced in writing and in the form required for
final adoption. No ordinance shall contain a subject unrelated to its
title. The enacting clause shall be The mayor and council of the City
of Watkinsville hereby ordains... and every ordinance shall so begin.
(b) An ordinance may be introduced by any member of the
council and read at a regular or special meeting of the council.
Ordinances shall be considered and adopted or rejected by the council
in accordance with the rules which it shall establish; provided,
however, an ordinance shall not be adopted the same day it is
introduced, except for emergency ordinances provided in Section 2.22
of this charter. Upon introduction of any ordinance, the clerk shall, as
soon as reasonable, distribute a copy to the mayor and to each council
member and shall file a reasonable number of copies in the office of
the clerk and at such other public places as the council may designate.
Section 2.21. Action requiring an ordinance, (a) Except as
herein provided, every official action of the council which is to become
law shall be by ordinance. Each proposed ordinance or resolution
shall be introduced in writing and in the form required for final
adoption. No ordinance shall contain a subject which is not expressed
in its title. The enacting clause shall be The council of the City of
Watkinsville hereby ordains....
(b) An ordinance may be introduced by any member of the
council and read at a regular or special meeting of the council.
Ordinances shall be considered and adopted or rejected by the council
in accordance with the rules which it shall establish.
Section 2.22. Emergency ordinances. To meet a public emer-
gency affecting life, health, property, or public peace, the council may
adopt one or more emergency ordinances but such ordinances may
not levy taxes, grant, renew, or extend a franchise, regulate the rate
charged by any public utility for its services, or authorize the borrow-
ing of money except as provided by law. An emergency ordinance
shall be introduced in the form and manner prescribed for ordinances
generally except that it shall contain, after the enacting clause, a
GEORGIA LAWS 1983 SESSION
4637
declaration stating that an emergency exists and describing the
emergency in clear and specific terms. An emergency ordinance may
be adopted with or without amendment or rejected at the meeting at
which it is introduced, but the affirmative vote of at least three
council members shall be required for adoption. It shall become
effective upon adoption or at such later time as it may specify. Every
emergency ordinance shall automatically stand repealed 60 days
following the date upon which it was adopted, but this shall not
prevent reenactment of the ordinance in the manner specified in this
section if the emergency still exists. An emergency ordinance may
also be repealed by adoption of a repealing ordinance in the same
manner specified in this section for adoption of emergency ordi-
nances.
Section 2.23. Codes of technical regulations. The council may
adopt any standard code of technical regulations by reference thereto
in an adopting ordinance. The procedure and requirements govern-
ing such adopting ordinance shall be as prescribed for ordinances
generally.
Section 2.24. Codification of ordinances. All ordinances passed
by the mayor and council having the force and effect of law shall be
codified in a compilation known and cited officially as The Code of
the City of Watkinsville, Georgia, as amended. All ordinances
contained therein shall be deemed to have been duly passed by the
mayor and council and duly signed, authenticated, and recorded by
the city clerk.
Section 2.25. Organization meeting, (a) The council shall meet
for organization on the date and at the time of the first regular
meeting in January following the city elections. Prior to entering
upon office, the oath of office shall be administered to the newly
elected members by the mayor, mayor pro tempore, or anyone
authorized to administer oaths as follows:
I do solemnly swear that I will well and truly perform the duties
of mayor (or member of council as the case may be) of the City of
Watkinsville, and that I will support and defend the charter thereof
as well as the Constitution and laws of the State of Georgia and the
United States of America.
(b) The council shall have the right to elect one of its members to
serve as mayor pro tempore for a two-year term of office.
4638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.26. Submission of ordinances to the mayor, (a) Every
ordinance adopted by the council shall be presented promptly by the
clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordi-
nance, shall return it to the clerk with or without his approval or with
his disapproval. If the ordinance has been approved by the mayor, it
shall become law upon its return to the clerk; if the ordinance is
neither approved nor disapproved, it shall become law at 12:00 Noon
on the tenth calendar day after its adoption; if the ordinance is
disapproved, the mayor shall submit to the council through the clerk
a written statement of his reasons for his veto. The clerk shall record
upon the ordinance the date of its delivery to and receipt from the
mayor.
(c) Ordinances vetoed by the mayor shall be presented by the
clerk to the council at its next regular meeting and should the council
then or at its next regular meeting adopt the ordinance by an
affirmative vote of three members it shall become law.
(d) The mayor may disapprove or reduce any item or items of
appropriation in any ordinance. The disapproved part or parts of any
ordinance making appropriations shall not become law unless subse-
quently passed by the city council over the mayors veto as provided
herein.
Section 2.27. Signing, authenticating, recording, and printing,
(a) The clerk shall authenticate by his signature and record in full in
a properly indexed book kept for the purpose all ordinances adopted
by the council. Every ordinance shall be signed by the mayor as a
matter of course after adoption.
(b) The council shall cause each ordinance and each amendment
in this charter to be printed promptly following its adoption. Follow-
ing publication of the first Code of the City of Watkinsville 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.
GEORGIA LAWS 1983 SESSION
4639
Section 2.28. Chief executive officer. The mayor shall be the
chief executive of the City of Watkinsville. He shall possess, have,
and exercise all of the executive and administrative powers granted to
the city under the Constitution and laws of the State of Georgia and
all the executive and administrative powers contained in this charter.
Section 2.29. Term, qualifications. The mayor shall be elected
for a term of two years and until his successor is elected and qualified.
He shall be a qualified elector of the City of Watkinsville, shall have
attained the age of 21 years before the beginning of his term, and shall
have been a resident of the City of Watkinsville for a period of one
year immediately preceding his election. He shall continue to reside
in the City of Watkinsville during the period of his service.
Section 2.30. Duties of mayor. As the chief executive officer of
the City of Watkinsville the mayor shall:
(1) Preside at all meetings of the city council;
(2) Be the official head of the city for the service of process
and for ceremonial purposes;
(3) Have power to administer oaths and take affidavits;
(4) Sign all written contracts entered into by the council on
behalf of the city and all other contracts and instruments executed
by the city which by law are required to be in writing;
(5) See that all laws and ordinances of the city are faithfully
executed;
(6) Exercise supervision over all executive and administra-
tive work of the city and provide for the coordination of adminis-
trative activities;
(7) Recommend to the council such measures relative to the
affairs of the city, improvement of the government, and promotion
of the welfare of its inhabitants as he may deem expedient;
(8) Call special meetings of the council as provided for in
Section 2.19 of this charter;
4640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(9) Examine and audit all accounts of the city before pay-
ment;
(10) Require any department or agency of the city to submit
written reports in connection with the affairs thereof whenever he
deems it expedient;
(11) Suspend any appointed city employee or officer for
cause, said suspension to be in effect until the next meeting of the
council wherein the question of the employer or officers capabil-
ity shall be decided by the council;
(12) Prepare and submit to the city council a recommended
annual operating budget and recommended capital budget;
(13) Break a tie vote of the council members; and
(14) Perform other duties as may be required by law, this
charter, or ordinance.
Section 2.31. Mayor pro tempore. During the absence or
disability of the mayor for any cause, the mayor pro tempore, or, in his
absence or disability for any cause, one of the council members chosen
by the council shall be clothed with all the rights and privileges of the
mayor and shall perform the duties of the office of mayor so long as
such absence or disability shall continue.
ARTICLE III
ADMINISTRATION
Section 3.10. Administrative and service departments, (a) The
council by ordinance may establish, abolish, merge, or consolidate
offices, positions of employment, departments, and agencies of the
city as it shall deem necessary for tbe proper administration of the
affairs and government of the city. The council shall prescribe the
functions and duties of existing departments, offices, and agencies or
of any departments, offices, and agencies hereinafter created or
established. The council may provide that the same person shall fill
any number of offices and positions of employment and may transfer
or change the functions or duties of offices, positions of employment,
departments, and agencies of the city.
GEORGIA LAWS 1983 SESSION
4641
(b) The operations and responsibilities of each department now
or hereafter established in the city shall be distributed among such
divisions or bureaus as may be provided by ordinance. Each depart-
ment shall consist of such offices, employees, and positions as may be
provided by this charter or by ordinance and shall be subject to the
general supervision and guidance of the council.
(c) Except as otherwise provided by this charter, the directors of
departments and other appointed officers of the city shall serve at the
pleasure of the appointing authority. Vacancies occurring in an
appointive office shall be filled in the same manner as prescribed by
this charter for original appointment.
(d) Except as otherwise provided by law, the directors of depart-
ments and other appointed officers of the city shall be appointed
solely on the basis of their respective administrative and professional
qualifications.
(e) All appointive officers and directors of departments shall
receive such compensation as prescribed by ordinance.
Section 3.11. Boards, commissions, and authorities, (a) The
city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legisla-
tive function 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 shall be
appointed by the council for such terms of office and such manner of
appointment as provided by ordinance except where other appointing
authority, terms of office, or manner of appointment is prescribed by
this charter or by applicable state law.
(c) Any vacancy in office of any member of a board, commission,
or authority of the city shall be filled for the unexpired term in the
manner prescribed herein for original appointment except as other-
wise provided by this charter or any applicable state law.
(d) No member of any board, commission, or authority shall
assume office until he shall have executed and filed with the city clerk
an oath obligating himself to perform faithfully and impartially the
duties of his office, such oath to be prescribed by ordinance and
administered by the mayor.
4642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Any member of a board, commission, or authority may be
removed from office for cause by a vote of three members of the
council.
(f) Members of boards, commissions, or authorities may receive
such compensation and expenses in the performance of their official
duties as prescribed by ordinance.
(g) The qualifications required of members of boards, commis-
sions, or authorities shall be as prescribed by the council.
(h) Except as otherwise provided by this charter or by applicable
state law, each board, commission, or authority of the city govern-
ment shall elect one of its members as chairman and one of its
members as vice-chairman for terms of one year. Each board,
commission, or authority of the city government may establish such
bylaws, rules and regulations, not inconsistent with this charter,
ordinances of the city or applicable state law, as it deems appropriate
and necessary for the conduct of its affairs, copies of which shall be
filed with the city clerk.
Section 3.12. City manager. The council may appoint a city
manager. The duties and authority of the city manager shall be
established by ordinance and, in so doing, the council may specifically
delegate to the city manager any of the administrative or budgetary
duties of the mayor.
Section 3.13. City attorney. The council shall appoint a city
attorney together with such assistant city attorneys as may be autho-
rized by ordinance and shall provide for the payment of such attorney
or attorneys for services rendered to the city. The city attorney shall
be responsible for representing and defending the city in all litigation
in which the city is a party; may be the prosecuting officer in the
recorders court; shall attend the meetings of the council as directed;
shall advise the council, mayor, and other officers and employees of
the city concerning legal aspects of the citys affairs; and shall
perform such other duties as may be required of him by virtue of his
position as city attorney.
Section 3.14. City clerk. The council may appoint a city clerk to
keep a journal of the proceedings of the city council, to maintain in a
safe place all records and documents pertaining to the affairs of the
city, and to perform such other duties as may be required by law or as
the council may direct.
GEORGIA LAWS 1983 SESSION
4643
Section 3.15. City tax collector. The council may appoint a city
tax collector to collect all taxes, licenses, fees, and other money
belonging to the city subject to the provisions of this charter and the
ordinances of the city. The city tax collector shall diligently comply
with and enforce all general laws of Georgia relating to the collection,
sale, or foreclosure of taxes by municipalities.
Section 3.16. City accountant. The council may appoint a city
accountant to perform the duties of an accountant.
Section 3.17. Consolidation of functions. The council may
consolidate any two or more of the positions of city clerk, city tax
collector, and city accountant, or any other positions, or may assign
the functions of any one or more of such positions to the holder or
holders of any other positions.
Section 3.18. Position classification and pay plans. The mayor
may be responsible for the preparation of position classification and
pay plans which shall be submitted to the council for approval. Said
plans may apply to all employees of the City of Watkinsville and of
any of its agencies and offices. When a pay plan has been adopted,
the council shall not increase or decrease the salaries of individual
employees except by amendment of said pay plan.
Section 3.19. Personnel policies. The council shall adopt rules
and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary
periods of employment;
(2) The administration of the position classification and
pay plans, methods of promotion and application of service
ratings thereto, and transfer of employees within the classification
plan;
(3) Hours of work, vacation, sick leave, and other leaves of
absence, overtime pay, and the order and manner in which layoff
shall be effected; and
(4) Such other personnel policies as may be necessary to
provide for adequate and systematic handling of the personnel
affairs of the City of Watkinsville.
4644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE IV
MUNICIPAL COURT
Section 4.10. Municipal court; creation. There is established a
court to be known as the Municipal Court of the City of Watkinsville
which shall have jurisdiction and authority to try offenses against the
laws and ordinances of said city and to punish for a violation of the
same. Such court shall have the power and authority to enforce its
judgments by the imposition of such penalties as may be provided by
law; to punish witnesses for nonattendance and to punish also any
person who may counsel or advise, aid, encourage, or persuade
another whose testimony is desired or material in any proceeding
before said court to go or move beyond the reach of the process of the
court; 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 pre-
sided over by the judge of said court and the mayor and the mayor pro
tempore may serve as the judge and the judge pro tempore, respec-
tively. In the absence or disqualification of the judge, the judge pro
tempore shall preside and shall exercise the same powers and duties
as the judge when so acting.
Section 4.11. Judge, (a) No person shall be qualified or eligible
to serve as judge unless he shall have attained the age of 21 years.
Such person shall serve at the discretion of the council and his
compensation shall be fixed by the council.
(b) The judge pro tempore shall serve in the absence of the
judge, shall be appointed by the council, and shall take the same oath
as the judge.
(c) Before entering on the duties of his office, the judge shall
take an oath before an officer duly authorized to administer oaths in
this state that he will truly, honestly, and faithfully discharge the
duties of his office to the best of his ability without fear, favor, or
partiality. The oath shall be entered upon the minutes of the council.
Section 4.12. Convening. Said court shall be convened at such
times as designated by ordinance or at such times as deemed neces-
sary to keep current the dockets thereof.
GEORGIA LAWS 1983 SESSION
4645
Section 4.13. Jurisdiction; powers, (a) The municipal court
shall try and punish for crimes against the City of Watkinsville and
for violation of its ordinances. The municipal court shall have
authority to punish those in its presence for contempt, provided that
such punishment shall not exceed $25.00 or five days in jail. The
municipal court may fix punishment for offenses within its jurisdic-
tion not exceeding a fine of $1,000.00 or imprisonment for 60 days, or
both, and, as an alternative to fine or imprisonment, to sentence any
offender upon conviction to labor in a city work gang or on the streets,
sidewalks, squares, or other public works for a period not exceeding 60
days.
(b) The municipal court shall have authority to establish a
schedule of fees to defray the cost of operation and shall be entitled to
reimbursement of the cost of meals, transportation, and caretaking of
prisoners bound over to superior courts for violation of state law.
(c) The municipal court shall have authority to establish bail
and recognizances to 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 execution issued thereon by serving the defendant and his
sureties with a rule nisi, at least two days before a hearing on the rule
nisi. In the event that cash or property is accepted in lieu of bond for
security for the appearance of a defendant at trial and if such
defendant fails to appear at the time and place fixed for trial, the cash
so deposited shall be on order of the judge, declared forfeited to the
City of Watkinsville or the property so deposited shall have a lien
against it for the value forfeited, which lien shall be enforceable in the
same manner and to the same extent as a lien for city property taxes.
(d) The municipal court shall have the authority to bind prison-
ers over to the appropriate court when it appears by probable cause
that a state law has been violated.
(e) The municipal court shall have the authority to administer
oaths and to perform all other acts necessary or proper to the conduct
of said court.
4646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The municipal court may compel the presence of all parties
necessary to a proper disposal of each case by the issuance of
summons, subpoena, and warrants which may be served as executed
by any officer as authorized by this charter or by state law.
(g) The municipal court is specifically vested with all of the
jurisdiction and powers throughout the entire area of the City of
Watkinsville granted by state laws generally to mayors, recorders,
and police courts and particularly by such laws as authorize the
abatement of nuisances.
Section 4.14. Appeal. The right of appeal and any bond as may
be required to secure the costs on appeal to the Superior Court of
Oconee County from the mayors court shall lie in the same manner
and under the same procedure as generally prescribed for appeals and
appeal bonds from the probate court; provided, however, that any
person who fails to file bis 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 council, the
judge shall have full power and authority to make reasonable rules
and regulations necessary and proper to secure the efficient and
successful administration of the municipal court; provided, however,
that the council may adopt in part or in toto the rules and regulations
relative to the procedure of the operation of the municipal court
under the general laws of the State of Georgia. The rules and
regulations made or adopted for said court shall be filed with the city
clerk and shall be available for public inspection; and, upon request, a
copy shall be furnished to all defendants in municipal court proceed-
ings at least 48 hours prior to said proceedings.
ARTICLE V
ELECTIONS
Section 5.10. Regular election; time for holding. An election
shall be conducted annually in the City of Watkinsville, at such place
or places as may be designated by the mayor and council, on the third
Wednesday in September. Persons elected shall each serve for a term
of office for two years or until their successors are elected and
qualified, beginning in January of the year following said election.
Candidates for council member must designate one of five posts in
which they seek election. The office of mayor and council post one
GEORGIA LAWS 1983 SESSION
4647
and two shall be filled at the election held in odd-numbered years.
Council post three, four, and five shall be filled at the election held in
even-numbered years.
Section 5.11. Qualifying; voting procedures. The council may
by ordinance, prescribe rules and regulations governing qualifying
fees, nomination of candidates, absentee ballots, write-in votes, chal-
lenge of votes, and such other rules and regulations as may be
necessary for the conduct of the elections in the City of Watkinsville.
Section 5.12. Applicability of general laws. The procedures and
requirements for election of all elected officials for the City of
Watkinsville as to primary, special, or general elections shall be in
conformity with the provisions of the Georgia Municipal Election
Code (Chapter 3 of Title 21 of the O.C.G.A.) as now or hereafter
amended.
Section 5.13. Special elections; vacancies. In the event that the
office of mayor or council member shall become vacant for any cause
whatsoever, the council or those remaining shall order a special
election to fill the balance of the unexpired term of such office;
provided, however, that if such vacancy occurs within six months of
the expiration of the term of office, said vacancy in office shall be
filled by appointment by the remaining members of the council. Both
special elections and qualifications of candidates therefor shall con-
form to the applicable provisions of this charter and the Georgia
Municipal Election Code as now or hereafter amended.
Section 5.14. Election of council members by plurality and
mayor by majority. The candidates for council posts receiving the
most votes or a plurality of the votes cast for a respective post shall be
declared elected as council member for the particular post for which
they qualified. The candidate receiving a majority of the votes cast for
the office of mayor shall be declared elected as mayor.
Section 5.15. Grounds for removal of elected officers. The
mayor or any council member shall be subject to removal from office
for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
4648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Failure at any time to possess any of the qualifications of
office as provided by this charter or by law;
(4) Willful violation of any express prohibition of this char-
ter;
(5) Abandonment of office or neglect to perform the duties
thereof; or
(6) Failure for any other cause to perform the duties of
office as required by this charter or by law.
Section 5.16. Procedure for removal. Removal of an elected
officer from office may be accomplished by either of the following
methods:
(1) By action of unanimous vote of the entire membership
of the council; provided, however, that if the person sought to be
removed is a member of the council, then he shall not vote. In such
case, the officer shall be entitled to a written notice specifying the
ground for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. Any
elected officer sought to be removed from office as herein provided
shall have the right of appeal from the decision of the council to
the Superior Court of Oconee County. Such appeal shall be
governed by the same rules as govern appeals to the superior court
from the probate court; or
(2) By information filed with the Superior Court of Oconee
County as provided by law.
ARTICLE VI
FINANCE
Section 6.10. Property taxes. All property subject to taxation
for state or county purposes, assessed as of January 1 in each year,
shall be subject to the property tax levied by the City of Watkinsville.
The council shall use the county assessment for the year in which the
city taxes are to be levied and shall request the county to furnish
appropriate information for such purpose.
Section 6.11. Tax levy. The council shall be authorized to levy
an ad valorem tax on all real and personal property within the
GEORGIA LAWS 1983 SESSION
4649
corporate limits of the city for the purpose of raising revenue to
defray the costs of operating the city government, providing govern-
mental services, and for any other public purpose as determined by
the council. The council is authorized to provide for sufficient levy to
pay principal and interest on general obligations.
Section 6.12. Tax due dates and tax bills. The council shall
provide by ordinance when the taxes of the city shall fall due, when
such taxes shall be paid, whether they may be paid in installments or
in one lump sum, and when, how, and upon what terms such taxes
shall be due and payable. The council may also authorize the volun-
tary payment of taxes prior to the time when due.
Section 6.13. Licenses, occupational taxes, excise taxes. The
council shall have full power to levy by ordinance such license or
specific or occupation taxes upon the residents of Watkinsville, both
individual and corporate, and on all those who transact or offer to
transact business therein, or who practice or offer to practice any
profession or calling therein, as the council may deem expedient for
the public health, safety, benefit, convenience, or advantage of the
city; to classify business, occupations, professions, or callings for the
purpose of such taxation in any lawful way; to compel the payment of
such licenses by execution or any other lawful manner; to make laws
and regulations necessary or proper to carry out the powers herein
conferred; and to prescribe penalties for the violation thereof. The
council shall have full power and authority to levy any excise tax not
prohibited by general law.
Section 6.14. Sewer service charge. The council may provide by
ordinance for the assessment and collection of fees, charges, and tolls
for sewer services rendered both within and without the corporate
limits of the city, said fees to provide for the cost and expense of
collecting and disposing of sewage through the sewerage facilities of
the city. If unpaid, said sewer charge shall constitute a lien against
any property served which lien shall be second in priority only to liens
for county and city property taxes and enforceable in the same
manner and under the same procedures as a lien for the city property
taxes.
Section 6.15. Sanitary and health service charge. The council
shall have the authority to levy and collect by ordinance the cost of
sanitary and health services necessary in the operation of the city
from all individuals, firms, and corporations residing in or doing
4650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
business in the city and benefiting from such service. Such authority
shall include the power to assess, levy, and collect annual or monthly
sanitary taxes or fees in such classification of property and sanitary
service or services provided, as may be fixed by ordinance. Said
sanitary taxes and the assessment thereof shall be a charge and lien
against the real estate in respect to which said taxes are assessed and
the owner or owners thereof, superior to all other liens except liens for
county and city property taxes. Said lien shall be enforceable in the
same manner and under the same remedies as a lien for city property
taxes.
Section 6.16. Special assessments. The council shall have power
and authority to assess all or part of the cost of constructing,
reconstructing, widening, or improving any public way, street, side-
walk, curbing, gutters, sewers, or other utility mains and appurte-
nances under such terms and conditions as may be prescribed by
ordinance. Such special assessments shall become delinquent 30 days
after their due dates. They shall thereupon be subject, in addition to
fi. fa. charges, to a penalty of 10 percent and shall thereafter be
subject to interest at the rate of 12 percent per annum from date due
until paid. A lien shall exist against the abutting property superior to
all other liens except that it shall be of equal dignity with liens for
county and city property taxes. Said lien shall be enforceable in the
same manner and under the same remedies as a lien for city property
taxes.
Section 6.17. Collection of delinquent taxes. The council may
provide by ordinance for the collection of delinquent taxes by fi. fa.
issued by the city clerk or mayor and executed by any police officer of
the city under the same procedure provided by the laws governing
execution of such process from the superior court or by the use of any
other available legal processes and remedies. A lien shall exist against
all property upon which city property taxes are levied, as of the
assessment date of each year, which lien shall be superior to all other
liens except that it shall have equal dignity with those of federal,
state, or county taxes. In cases of hardship, the council shall have
discretionary authority to waive any and all penalties imposed by this
charter on delinquent taxes, fees, assessments, or on other amounts
due to the city.
Section 6.18. Transfer of executions. The city clerk shall be
authorized to assign or transfer any fi. fa. or execution issued for any
tax or for any street, sewer, or other assessment in the same manner
GEORGIA LAWS 1983 SESSION
4651
and to the same extent as provided by Georgia law governing sales
and transfers of tax fi. fas. Such transfer or assignment, when made,
shall vest the purchaser or transferee with all right, title, and interest
as provided by Georgia law governing sales and transfers of tax fi. fas.;
provided, however, that upon levy of execution and sale of property
pursuant to such tax fi. fa., whether assigned, transferred, or executed
by the city, the owner of such property in fee simple or lesser interest
shall not lose his right to redeem the property in accordance with the
requirements of redemption of property sold under state or county ad
valorem tax fi. fas., as said requirements now exist or as may be
hereinafter provided by law.
Section 6.19. Construction, other taxes. This city shall be
empowered to levy any other tax allowed now or hereafter by state law
and the specific mention of any right, power, or authority in this
article shall not be construed as limiting in any way the general
powers of this city to govern its local affairs.
Section 6.20. General obligation bonds. The council shall have
the power to issue bonds to raise revenue for any project, program, or
venture authorized under this charter or the general laws of this state.
Such bonding authority shall be exercised in accordance with the laws
governing bond issuances by municipalities in effect at the time said
issue is undertaken.
Section 6.21. Revenue bonds. Revenue bonds may be issued by
the council as provided by an Act of the General Assembly, approved
March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p.
761), as now or hereafter amended or by any other Georgia law as now
or hereafter provided.
Section 6.22. Short-term notes. Pursuant to applicable state
law, the city may obtain temporary loans between January 1 and
December 31 of each year.
Section 6.23. Fiscal year. The council shall set the fiscal year by
ordinance. Said fiscal year shall constitute the budget year and the
year for financial accounting for every office, department, institution,
agency, and activity of the city government unless otherwise provided
by state or federal law.
Section 6.24. Preparation of budgets. The council may provide
by ordinance the procedures and requirements for the preparation
4652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and execution of an annual operating budget, a capital improvements
program, and a capital budget including requirements as to scope,
content, and form of any such budgets and programs.
Section 6.25. Additional appropriations. The council may make
appropriations in addition to those contained in the current operating
budget at any regular meeting or at any special meeting called for
such purpose; provided, however, that any such additional appropri-
ations may be made only from existing unappropriated surplus in the
fund to which it applies.
Section 6.26. Capital improvements budget, (a) On or before
the date fixed by the city council but not later than 30 days prior to
the beginning of each fiscal year, the mayor shall submit to the
council a proposed capital improvements budget with his recommen-
dations as to the means of financing the improvements proposed for
the ensuing fiscal year. The council shall have power to accept with or
without amendments or reject the proposed program and proposed
means of financing. The council shall not authorize an expenditure
for the construction of any building, structure, work, or 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 and when passed by a
two-thirds vote of the membership of the council.
(b) The council shall adopt the final capital improvements
budget for the ensuing fiscal year not later than the first Monday in
July of each year. No appropriation provided for in the capital
improvements budget shall elapse until the purpose for which the
appropriation was made shall have been accomplished or abandoned;
provided, however, the mayor may submit amendments to the capital
improvements budget at any time during the fiscal year, accompanied
by his recommendations thereon. Any such amendments to the
capital improvements budget shall become effective only upon adop-
tion by a vote of the council.
Section 6.27. Contracting procedures. All contracts shall be
made or authorized by the council and no contracts shall bind the city
unless reduced to writing and approved by the council.
Section 6.28. Centralized purchasing, (a) The council may by
ordinance prescribe procedures for a system of centralized purchasing
for the City of Watkinsville.
GEORGIA LAWS 1983 SESSION
4653
(b) The council may sell and convey any real or personal prop-
erty owned or held by the City of Watkinsville for governmental or
other purposes at a public or private sale, with or without advertise-
ment, for such consideration as the council shall deem equitable and
just for the city.
(c) The council may quitclaim any rights it may have in property
not needed for public purposes upon report by the mayor and
adoption of a resolution both finding that the property is not needed
for public or other purposes and that the interest of the city has no
readily ascertainable monetary value.
(d) Whenever in opening, extending, or widening any street,
avenue, alley, or public place of the city a small parcel or tract of land
is cut off or separated by such work from a larger tract or boundary of
land owned by the city, the council may authorize the mayor to
execute and deliver in the name of the city a deed conveying said
cutoff or separated parcel or tract of land to an abutting or adjoining
property owner or owners in exchange for rights-of-way of said street,
avenue, alley, or public place or in settlement of any alleged damages
sustained by said abutting or adjoining property owner. All deeds
and conveyances heretofore and hereafter so executed and delivered
shall convey all title and interest the city has in such property
notwithstanding the fact that no public sale after advertisement was
or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
Section 7.10. Official bonds. The officers and employees both
elected and appointed of the City of Watkinsville shall execute such
official bonds in such amounts and upon such terms and conditions as
the council may from time to time require.
Section 7.11. Existing ordinances and regulations. Existing
ordinances and regulations of the City of Watkinsville not inconsis-
tent with the provisions of this charter shall continue in effect until
they have been repealed, modified, or amended by the council.
Existing rules and regulations or departments or agencies of the City
of Watkinsville not inconsistent with the provisions of this charter
shall continue in effect until they have been repealed, modified, or
amended.
4654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7.12. Pending matters. Except as specifically provided
otherwise by this charter, all rights, claims, actions, orders, contracts,
and legal or administrative proceedings initiated under the former
charter of the City of Watkinsville shall continue, and any such
ongoing work or cases shall be dealt with by such city agencies,
personnel, or office as may be provided by the city council.
Section 7.13. Construction, (a) Section captions in this charter
are informative only and are not to be considered as a part thereof.
(b) The word shall is intended to be mandatory and the word
may is not.
(c) The singular shall include the plural and the masculine the
feminine and vice versa.
Section 7.14. Penalties. The violation of any provision of this
charter for which a penalty is not specifically provided herein is
declared to be a misdemeanor and shall be punishable by a fine of not
more than $1,000.00 or by imprisonment not to exceed three months
or both such fine and imprisonment.
Section 7.15. Continuance in office. The mayor and council
members serving as such on the effective date of this charter shall
continue to serve as such for the terms of office to which they were
elected and until their successors shall be elected as herein provided.
Such successors shall be elected in the municipal general election
which is conducted immediately prior to the expiration of the respec-
tive term of office.
Section 7.16. Severability. In the event any section, subsection,
sentence, clause, or phrase of this Act shall be declared or adjudged
invalid or unconstitutional, such adjudication shall in no manner
affect the other sections, subsections, sentences, clauses, or phrases of
this Act, which shall remain of full force and effect, as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid
or unconstitutional were not originally a part hereof. The General
Assembly hereby declares that it would have passed the remaining
parts of this Act if it had known that such part or parts hereof would
be declared or adjudged invalid or unconstitutional.
Section 7.17. Specific repealer. An Act reincorporating the
Town of Watkinsville in the County of Oconee, approved August 29,
GEORGIA LAWS 1983 SESSION
4655
1891 (Ga. L. 1891, p. 720) is repealed in its entirety and all amenda-
tory Acts thereto are likewise repealed in their entirety.
Section 7.18. Effective date. This Act shall become effective
upon approval by the Governor or upon its becoming law without his
approval.
Section 7.19. Repealer. 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 1983
session of the General Assembly of Georgia, an Act to reincorporate
and provide a new charter for the City of Watkinsville in Oconee
County; to provide for the corporate limits and government of the
city; to provide for all related matters; to repeal an Act reincorporat-
ing the Town of Watkinsville in Oconee County, approved August 29,
1891 (Ga. L. 1891, p. 720); and for other purposes.
This 10th day of January, 1983.
E. Roy Lambert
Representative,
66th 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 is Representative from the 66th 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 20,
27, and February 3,1983.
/s/ E. Roy Lambert
Representative,
66th District
4656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me,
this 14th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
CARROLL COUNTY OFFICE OF COMMISSIONER
CREATED.
No. 485 (House Bill No. 715).
AN ACT
To create the office of commissioner of Carroll County; to provide
that the newly created office shall be the successor to all the rights,
powers, duties, and obligations of the heretofore existing office of
commissioner of Carroll County; to provide that the office of commis-
sioner shall be subject to all constitutional and statutory provisions
relating to boards of commissioners of counties; to provide for the
election and term of office of the commissioner; to provide for filling
vacancies; to provide for an oath and bond; to provide for the
compensation of the commissioner; to provide for meetings of the
commissioner; to authorize the commissioner to appoint a clerk; to
provide for purchasing procedures; to authorize the commissioner to
appoint a superintendent of roads and bridges; to provide for audits;
to provide for powers and duties of the commissioner; to authorize the
GEORGIA LAWS 1983 SESSION
4657
commissioner to receive contributions; to provide for other matters
relative to the foregoing; to repeal a specific Act of the General
Assembly; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Office of commissioner of Carroll County created, (a)
There is created in and for the County of Carroll the office of
commissioner of Carroll County. The commissioner of Carroll
County shall constitute the governing authority of said county, and he
shall exercise the powers, duties, and responsibilities vested in said
office.
(b) The office of commissioner of Carroll County created by this
Act shall be the successor to all the rights, powers, duties, and
obligations of the heretofore existing office of commissioner of Carroll
County and shall be subject to all constitutional and statutory
provisions relating to boards of commissioners of counties.
Section 2. Election and term of office of commissioner of Carroll
County. The present commissioner of Carroll County shall continue
to serve until December 31, 1984. An election for commissioner of
Carroll County shall be conducted in 1984 and every four years
thereafter on the date of the general election, and said commissioner
shall assume office on January 1 immediately succeeding the election
and he shall hold office for four years and until his successor is elected
and qualified.
Section 3. Vacancies, (a) In the event of a vacancy in the office
of commissioner of Carroll County for any reason other than expira-
tion of a term of office, it shall be the duty of the judge of the Probate
Court of Carroll County to issue the call for a special election, within
five days after the occurrence of the vacancy, to fill said vacancy. The
special election shall be conducted in accordance with the Georgia
Election Code, as now or hereafter amended.
(b) The judge of the Probate Court of Carroll County shall
exercise the powers, duties, and responsibilities of the commissioner
of Carroll County until such time as a successor is elected to fill the
office of commissioner of Carroll County.
Section 4. Oath and bond. Before entering upon the discharge of
his duties, the commissioner shall subscribe an oath before the judge
4658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the Probate Court of Carroll County for the true and faithful
performance of his duties and that he is not the holder of public funds
unaccounted for. In addition, the commissioner shall further give a
satisfactory surety bond approved by and payable to the judge of the
Probate Court of Carroll County and filed in the office of the judge of
the probate court, in the sum of $25,000.00, conditioned upon the
faithful performance of the duties of his office. The cost of the bond
shall be paid from the funds of Carroll County.
Section 5. Compensation of commissioner. The commissioner of
Carroll County shall be compensated in the amount of $35,000.00 per
annum to be paid in equal monthly installments from the funds of
Carroll County. The county shall furnish the commissioner with an
appropriate automobile to be used by him in carrying out the official
duties of his office. The cost of such automobile and the replacement
cost thereof from time to time, as well as the costs necessary to
maintain and operate such automobile, shall be paid from the funds
of Carroll County. The commissioner shall be compensated in the
sum of $3,000.00 from the funds of Carroll County for expenses
incurred by him in carrying out his official duties.
Section 6. Meetings of commissioner. The commissioner of
Carroll County shall hold at least one regular meeting each month,
and the meeting shall be conducted on the first Tuesday of each
month so that the public will be able and may appear before the
commissioner for any purpose. The commissioner may conduct
special meetings at any time.
Section 7. Clerk. The commissioner of Carroll County is
authorized to appoint a clerk who shall be covered under the civil
service system of Carroll County. Any citizen of said county, other
than the commissioner, shall be eligible to hold said office of clerk of
said commissioner and shall receive a salary for his services to be fixed
by said commissioner, which salary shall be paid in equal monthly
installments. Said clerk before entering upon his duties shall give
bond, with some responsible surety company authorized to do busi-
ness in Georgia, as his surety, in the sum of $15,000.00, to be approved
by said commissioner, the premium on said bond to be paid by the
county, payable to the judge of the probate court of said county and
his successors in office and conditioned upon the faithful perfor-
mance of his duties as such clerk and to account for any and all funds,
property, or effects which may come into his hands as such clerk or
otherwise, which said bond shall be filed with the judge of the probate
GEORGIA LAWS 1983 SESSION
4659
court of said county and recorded on his minutes and may be sued on
in like manner as the bond of said commissioner. He shall keep
minutes of all meetings of said commissioner, an inventory of all
properties, and such books and records as may be required of him by
said commissioner and do such other acts and things as may be
required of him by law or by said commissioner.
Section 8. Purchasing. The commissioner of Carroll County,
either himself or his appointed agents, shall purchase all equipment,
material, and supplies necessary for said county, of such kind and
quality and in such quantities as may be needed, and, wherever
practicable, purchases of all equipment, materials, and supplies shall
be by competitive bids, which bids shall be kept on file in the office of
the commissioner and subject to inspection by the grand jury or other
interested citizens. Purchases shall be charged to Carroll County;
and, before bills therefor are submitted to the commissioner for
approval, they shall be audited and payment therefor recommended
by the parties making such purchase. The commissioner shall pay
approved bills.
Section 9. Warden of county correctional institution. The
commissioner may, at his discretion and when he deems it necessary,
appoint a warden of the county correctional institution. The warden
shall devote his entire time to his duties as such warden and shall not
engage in any other business. He shall receive such salary as may be
fixed by the commissioner and shall hold his position under the civil
service system of Carroll County. The warden shall have entire
control of the prisoners sentenced to work upon the roads or works of
said county by the proper authorities of the state assigned to the
county by the proper authorities of the state and shall so employ them
according to law and under such plans of working, building, repairing,
and maintaining the public roads, bridges, and works of said county
as may now or hereafter be adopted or enforced by law in said county.
Section 10. Audits. The commissioner may have the books and
accounts of the tax commissioner, custodian of all county funds,
sheriff, superintendent of schools, commissioner, and such other
officers as may be necessary audited annually by a certified public
accountant of this state who shall be paid from county funds. Said
audits shall be filed in the office of said commissioner of said county
and shall at all times be subject to inspection by any citizen or
taxpayer of said county. A summary of said audit shall be published
in the official organ of Carroll County within 30 days after it shall
have been completed.
4660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. Powers and duties of the commissioner, (a) The
said commissioner shall have and he is vested with exclusive jurisdic-
tion and control over the following, to wit: in directing, controlling,
conveying, and caring for all the property of the county according to
law; in levying taxes according to law; in establishing, altering, and
abolishing public roads, private roads, private ways, bridges, and
ferries according to law; in establishing, abolishing, or changing
election precincts and militia districts according to law; in examining
the tax commissioners books; in allowing the insolvent lists for said
county according to law; in settling all claims against the county;
examining and auditing all claims and accounts of officers having the
care, management, keeping, collecting, or disbursement of money
belonging to the county or appropriating for its use or benefit and
bringing them to settlement; frequently examining and auditing the
books of all officers through whose hands any county funds must pass;
he may require from all such officers, subject to an examination, such
reports as may be necessary to keep such commissioner fully informed
at all times of the financial condition of the county; in controlling,
caring for, and managing the convicts of the county according to law;
in making rules, regulations, and provisions for the support of the
poor of the county according to law; in promoting and preserving the
public health of the county, with authority to quarantine against
contagious diseases and epidemics, according to law; in regulating and
fixing license fees as may be provided by law; to sue and be sued in the
name of Carroll County; to exercise the power of eminent domain in
the manner described by law; and generally to have and exercise all
powers and to exercise such other powers as are granted by law or as
may be indispensable to the jurisdiction over county matters or
county finance; in selecting and appointing all minor officers of the
county whose election or appointment is not otherwise fixed by law,
such as superintendent and guards and public work forces, janitor of
the courthouse, county physician and health officer, tax assessors and
county policemen, and other officers and guards as needed and
authorized by law; and such commissioner shall have the authority to
employ a competent attorney at law, resident of the county, as county
attorney to advise the commissioner and represent the county in such
matters as the commissioner may direct, who shall be paid such salary
or compensation as the commissioner may direct, out of the regular
funds of the county, with authority of said commissioner to fix his
term of office or to discharge him at any time; in regulating peddling
licenses according to law.
GEORGIA LAWS 1983 SESSION
4661
(b) The commissioner is authorized to exercise all of the powers
and authority heretofore vested by law in the judge of the probate
court when sitting for county purposes, together with the powers and
authority which may now exist or may hereafter be delegated by law
to the governing authority of the county, by whatever name desig-
nated.
Section 12. Receipt of contributions. The commissioner may
receive contributions for the improvement of the public roads or
bridges of the county from persons who own property along the right
of way, or from any other person or persons or from the state
government or from the United States government or from any
corporation or firm who may be interested in the improvement of the
roads and bridges, and such contributions when received shall be used
for the improvement of the roads or bridges designated by the
contributor.
Section 13. Specific repealer. An Act creating the office of
commissioner of Carroll County, approved February 21,1951 (Ga. L.
1951, p. 3310), as amended, is repealed in its entirety.
Section 14. General 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
1983 session of the General Assembly of Georgia a bill to amend an act
creating the office of Commissioner of Carroll County, Georgia,
approved February 21,1951 (Ga. Laws 1951, p. 3310), as amended, so
as to provide a new charter for the county and to repeal conflicting
laws, and for other purposes.
This 13th day of December, 1982.
/s/ Charles A. Thomas, Jr.
/s/ Gerald L. Johnson
/s/ Wayne Garner
4662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wayne Garner who, on oath, deposes
and says that he is Representative from the 30th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Daily Times-Georgian which is the official organ
of Carroll County, on the following dates: January 13, 20, 27, and
February 3,1983.
/s/ Wayne Garner
Representative,
30th District
Sworn to and subscribed before me,
this 1st day of March, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
BULLOCH COUNTY SHERIFF ^SALARIES OF
DEPUTIES AND OFFICE CLERK CHANGED.
No. 486 (House Bill No. 774).
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
GEORGIA LAWS 1983 SESSION
4663
amended, particularly by an Act approved April 12,1982 (Ga. L. 1982,
p. 3950), so as to change the compensation of the sheriffs deputies
and office clerk; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Bulloch County upon an
annual salary, approved March 19, 1960 (Gain 1960, p. 2594), as
amended, particularly by an Act approved April 12,1982 (Ga. L. 1982,
p. 3950), 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
$14,700.00 per annum, one junior deputy who shall be compensated in
the amount of $12,810.00 per annum, and one office clerk who shall be
compensated in the amount of $10,111.00 per annum. The salary of
each such deputy and 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.
Notice to the Public.
The public is notified that there will be introduced in the 1983
Session of the General Assembly of Georgia a bill to provide for
changes in compensation of personnel in certain Bulloch County
offices as follows: County Commissioners Office; Sheriffs Office;
Probate Judges Office; Tax Commissioners Office; and Office of the
Clerk of Bulloch County Superior Court.
4664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
It is contemplated that the changes in compensation will be an
increase for those concerned, to be effective on the first day of the
month following approval by the Governor of Georgia.
This January 29,1983.
Robert Emory Lane
Representative,
111th District
John F. Godbee
Representative,
110th District
Joseph E. Kennedy
Senator,
4th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John F. Godbee, who, on oath,
deposes and says that he is Representative from the 110th 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: February 3,
10,17,1983.
/s/ John F. Godbee
Representative,
110th District
GEORGIA LAWS 1983 SESSION
4665
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
CITY OF WHITE PLAINS NEW CHARTER.
No. 487 (House Bill No. 808).
AN ACT
To provide a new charter for the City of White Plains; to provide
for corporate boundaries; to provide for the powers, duties, and
authority of the city and the officials, officers, and employees thereof;
to provide for a city council and the powers, duties, authority,
election, terms, method of filling vacancies, compensation, expenses,
qualifications, and prohibitions for the mayor and council; to provide
for inquiries and investigations; to provide for organization and
procedures; to provide for ordinances; to provide for codes; to provide
for the office of mayor and the office of mayor pro tempore; to provide
for administrative responsibilities; to provide for boards, commis-
sions, and authorities; to provide for a city attorney, a city clerk/
treasurer, and other personnel; to provide for elections; to provide for
removal; to provide for taxation and fees; to provide for franchises,
service charges, and assessments; to provide for bonded and other
indebtedness; to provide for accounting and budgeting; to provide for
contracting procedures and property management; to provide for
eminent domain; to provide for penalties; to provide for construction;
to provide for severability; to provide for other matters relative to the
foregoing; to repeal a specific Act; to repeal conflicting laws; and for
other purposes.
4666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
ARTICLE I. INCORPORATION, POWERS
Section 1.10 Incorporation
Section 1.11 Corporate Boundaries
Section 1.12 Powers and Construction
Section 1.13 Exercise of Powers
Section 1.14 Enumeration of Powers
Section 1.10. Incorporation. This Act shall constitute the
whole charter of the City of White Plains, repealing and replacing the
charter provided by an Act of the General Assembly approved August
4,1917 (Ga. L. 1917, p. 898), and all amendments thereto. The City of
White Plains, Georgia, in the County of Greene and the inhabitants
thereof are constituted and declared a body politic and corporate
under the same name and style of White Plains, Georgia, and by that
name shall have perpetual succession, may sue and be sued and plead
and be impleaded in all the courts of law and equity, and in all actions
whatsoever, and may have and use a common seal and change it at
pleasure.
Section 1.11. Corporate boundaries, (a) The corporate
limits of the City of White Plains shall be as follows: From a point in
the center of Main Street and the center of First Street where First
Street crosses Main Street, the distance shall be one mile in every
direction, in other words, a one-mile radius from said point.
(b) The city council may provide by ordinance for the redrawing
of any such map 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 1.12. Powers and construction, (a) The City of
White Plains 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, including all powers of self-government not specifically pro-
hibited by general law or local Act of the General Assembly and
including all powers enumerated in Section 1.14 of this charter.
(b) 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.
GEORGIA LAWS 1983 SESSION
4667
Section 1.13. Exercise of powers. All powers, functions,
rights, privileges, and immunities of the city, its officers, agencies, or
employees shall be exercised as provided by this charter, by ordi-
nance, or by pertinent laws of this state.
Section 1.14. Enumeration of powers. The corporate
powers of the city may include, but are not limited to, the following:
(1) To levy and to provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(2) To levy and to provide for the collection of license fees
and taxes on privileges, occupations, trades, and professions; to
license and regulate such privileges, occupations, trades, and
professions; and to provide for the manner and method of pay-
ment of such licenses and taxes;
(3) To make appropriations for the support of the govern-
ment of the city; to authorize the expenditure of money for any
purposes authorized by this charter and for any purpose for which
a municipality is authorized by the laws of the State of Georgia;
and to provide for the payment of expenses of the city;
(4) To appropriate and borrow money for the payment of
debts of the city and to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized
by this charter or the laws of the State of Georgia;
(5) To acquire, dispose of, and hold in trust or otherwise any
real, personal, or mixed property in fee simple or lesser interest
inside or outside the property limits of the city;
(6) To accept or refuse gifts, donations, bequests, or grants
from any source, for any purpose related to the powers and duties
of the city and the general welfare of its citizens, on such terms
and conditions as the donor or grantor may impose;
(7) To condemn property, inside or outside the corporate
limits of the city, for present or future use and for any corporate
purpose deemed necessary by the governing authority, under Title
22 of the O.C.G.A. or under other applicable public laws as are or
may be enacted;
4668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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, and to fix the taxes, charges, rates, fares, fees,
assessments, regulations, penalties, and withdrawal of service for
refusal or failure to pay same and the manner in which such
remedies shall be enforced;
(9) To grant franchises or make contracts for public utilities
and public services not to exceed a period of 35 years and to
prescribe the rates, fares, regulations, standards, and conditions of
service applicable to the service to be provided by the franchise
grantee or contractor insofar as not in conflict with such regula-
tions by the Georgia Public Service Commission;
(10) To lay out, open, extend, widen, narrow, establish, or
change the grade of, abandon, or close, construct, pave, curb,
gutter, adorn with shade trees, otherwise improve, maintain,
repair, clean, prevent erosion of, and light roads, alleys, and
walkways within the corporate limits of the city;
(11) To grant franchises and rights of way throughout the
streets and roads, and over the bridges and viaducts, for the use of
public utilities;
(12) To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and play-
grounds, recreational facilities, cemeteries, markets and market
houses, public buildings, libraries, sewers, drains, sewerage treat-
ment, airports, hospitals, and charitable, cultural, educational,
recreational, conservation, sport, curative, corrective, detentional,
penal, and medical institutions, agencies, and facilities, and any
other public improvements inside or outside the corporate limits
of the city and to regulate the use thereof; and, for such purposes,
property may be acquired by condemnation under Title 22 of the
O.C.G.A. or other applicable public laws as are or may be enacted;
(13) To require real estate owners to repair and maintain, in
a safe condition, the sidewalks adjoining their lots or lands and to
enact ordinances establishing the terms and conditions under
which such repairs and maintenance shall be effected, including
the penalties to be imposed for failure to do so;
GEORGIA LAWS 1983 SESSION
4669
(14) To regulate the erection and construction of buildings
and all other structures; to adopt building, housing, plumbing,
electrical, gas, heating, and air-conditioning codes; to regulate all
housing, building, and building trades; to license all building
trades; and to license the construction and erection of buildings
and all other structures;
(15) To provide for the prevention and punishment of drunk-
enness, riots, and public disturbances;
(16) To regulate or prohibit junk dealers and pawnshops, the
manufacture, sale, or transportation of intoxicating liquors, and
the use and sale of firearms and to regulate the transportation,
storage, and use of combustible, explosive, and inflammable mate-
rials, the use of lighting and heating equipment, and any other
business or situation which may be dangerous to persons or
property;
(17) To regulate and control the conduct of peddlers and
itinerant trades, theatrical performances, exhibitions, and shows
of any kind whatever by taxation or otherwise;
(18) To license, tax, or regulate professional fortunetelling or
palmistry;
(19) To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs,
fences, buildings, and any and all other structures or obstructions
upon or adjacent to the rights of way of streets and roads, or within
view thereof, within or abutting the corporate limits of the city
and to prescribe penalties and punishment for violation of such
ordinances;
(20) To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(21) To regulate the emission of smoke or other exhaust
which pollutes the air and to prevent the pollution of natural
streams which flow within the corporate limits of the city;
(22) To fix and establish fire limits and from time to time to
extend, enlarge, or restrict the same; to prescribe fire safety
regulations, not inconsistent with general law, relating to both fire
4670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
prevention and detection and to fire fighting; and to prescribe
penalties and punishment for violation thereof;
(23) To provide for the destruction and removal of any
building or other structure which may or might become dangerous
or detrimental to the public;
(24) To provide for and regulate the collection and disposal
of garbage, rubbish, and refuse; to regulate the collection and
disposal of garbage, rubbish, and refuse; to regulate the collection
and disposal of garbage, rubbish, and refuse by others; to provide
for the separate collection of glass, tin, aluminum, cardboard,
paper, and other recyclable materials; and to provide for the sale
of such items;
(25) To levy, fix, assess, and collect a garbage, refuse, and
trash collection, 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;
(26) To levy a fee, charge, or sewer tax as necessary to assure
the acquiring, constructing, equipping, operating, maintaining,
and extending of a sewage disposal plant and sewerage system; to
levy on the users of sewers and the sewerage 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;
(27) To charge, impose, and collect a sewer connection fee or
fees and to charge the same from time to time, such fees to be
levied on the users connecting with the sewerage systems;
(28) To define, regulate, and prohibit any act, practice, con-
duct, or use of property which is detrimental, or likely to be
detrimental, to the health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city and to provide for the
enforcement of such standards;
(29) To define a nuisance and provide for its abatement
whether on public or private property;
GEORGIA LAWS 1983 SESSION
4671
(30) To provide for the preservation and protection of prop-
erty and equipment of the city and the administration and use of
same by the public and to prescribe penalties and punishment for
violations thereof;
(31) To establish minimum standards for and to regulate
building construction and repair, electrical wiring and equipment,
gas installation and equipment, plumbing, and housing for the
health, sanitation, cleanliness, welfare, and safety of inhabitants
of the city and to provide for the enforcement of such standards;
(32) To adopt ordinances and regulations for the prevention
of loitering, disorderly conduct, public drunkenness, and disturb-
ing the peace in the corporate limits of the city; to prohibit the
playing of lotteries therein; and to prohibit, or regulate by ordi-
nance, such other conduct and activities within said city which,
while not constituting an offense against the laws of this state, are
deemed by the governing authority to be detrimental and offen-
sive to the peace and good order of the city or to the welfare of the
citizens thereof;
(33) To regulate and license or prohibit the keeping or
running at large of animals and fowl; to provide for the impound-
ment of same if in violation of any ordinance or lawful order and 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;
(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 the amounts to be 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;
4672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(37) To levy and provide for the collection of special assess-
ments to cover the costs for any public improvements;
(38) To enter into contracts and agreements with other gov-
ernmental entities and with private persons, firms, and corpora-
tions providing for services to be furnished and payments to be
made therefor;
(39) To create, alter, or abolish departments, boards, offices,
commissions, and agencies of the city and to confer upon such
agencies the necessary and appropriate authority for carrying out
all the powers conferred upon or delegated to same;
(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, 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;
(42) To exercise the power of arrest through duly appointed
policemen;
(43) To establish procedures for determining and proclaim-
ing that an emergency situation exists within or without the city
and to make and carry out all reasonable provisions deemed
necessary to deal with or meet such an emergency for the protec-
tion, safety, health, or well-being of the citizens of the city; and
(44) To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or
protect the safety, health, peace, security, good order, comfort,
convenience, or general welfare of the city and its inhabitants; to
exercise all implied powers necessary to carry into execution all
powers granted in this charter as fully and completely as if such
powers were fully enumerated herein; and to exercise all powers
now or in the future authorized to be exercised by other municipal
governments under other laws of the State of Georgia. No
enumeration of particular powers in this charter shall be held to be
exclusive of others nor restrictive of general words and phrases
GEORGIA LAWS 1983 SESSION
4673
granting powers but shall be held to be in addition to such powers
unless expressly prohibited to municipalities under the Constitu-
tion or applicable laws of the State of Georgia.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
ARTICLE II.
STRUCTURE OF GOVERNMENT
Chapter 1
Legislative Branch
2.10 City Council Creation;
Composition; Number; Election
2.11 Terms of and Qualifications
for Office
2.12 Vacancy; Filling of Vacancies
2.13 Compensation and Expenses
2.14 Prohibitions
2.15 Inquiries and Investigations
2.16 General Power and Authority
of the City Council
2.17 Reserved
2.18 Reserved
2.19 Reserved
Chapter 2
Organization and Procedures
2.20 Organizational Meeting
2.21 Regular and Special Meetings
2.22 Rules of Procedure
2.23 Quorum; Voting
2.24 Ordinance Form; Procedure
2.25 Action Requiring an Ordinance
2.26 Emergencies
2.27 Codes of Technical Regulations
2.28 Signing; Authenticating;
Codification; Printing
2.29 Reserved
4674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Chapter 3
Office of Mayor
Section 2.30
Section 2.31
Section 2.32
Section 2.33
Section 2.34
Election; Forfeiture;
Compensation
Chief Executive Officer;
Delegation of Power
Powers and Duties of Mayor
Submission of Ordinances to
the Mayor; Veto Power
Mayor Pro Tempore; Selection;
Duties
Chapter 1
Legislative Branch
Section 2.10. City council creation; composition; number;
election. The legislative authority of the government of the city, ex-
cept as otherwise specifically provided in this charter, shall be vested
in a city council to be composed of a mayor and five council members.
The mayor and council members serving on the effective date of this
charter shall continue to serve out the terms of office to which they
were elected. Thereafter, the mayor and council members shall be
elected in the manner provided by Article IV of this charter.
Section 2.11. Terms of and qualifications for office. The
mayor and council members 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 or she
shall have been a resident of the city for six months immediately
preceding the election of mayor or council members. Each shall
continue to reside therein during said period of service and shall be
registered and qualified to vote in municipal elections of the city.
Section 2.12. Vacancy; filling of vacancies, (a) The office of
mayor or council member shall become vacant upon the incumbents
death, resignation, forfeiture of office, or removal from office in any
manner authorized by this charter or the general laws of the state.
(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 IV.
GEORGIA LAWS 1983 SESSION
4675
Section 2.13. Compensation and expenses. The mayor
and council members may receive compensation for their services in
an amount established by ordinance, provided that any action to
increase the compensation of members of the governing authority of
the city shall be taken in accordance with the requirements of general
laws of the state. In addition, the mayor and council members shall
be entitled to receive their actual and necessary expenses incurred in
the performance of their duties of office in the manner provided by
ordinance.
Section 2.14. Prohibitions, (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 or her official duties or which
would tend to impair independence of judgment or action in the
performance of his or her official duties;
(2) Engage in or accept private employment or render ser-
vices for private interests when such employment or service is
incompatible with the proper discharge of his or her official duties
or would tend to impair independence of judgment or action in the
performance of his or her official duties;
(3) Disclose confidential information concerning the prop-
erty, government, or affairs of the governmental body by which he
or she 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 or her knowledge, is interested, directly or indirectly,
in any manner whatsoever in business dealings with the govern-
mental body by which he or she is engaged; provided, however,
that an elected official who is a candidate for public office may
accept campaign contributions and services in connection with
such campaign;
(5) Represent other private interests in any action or pro-
ceeding against the city or any portion of its government; or
4676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) Vote or otherwise participate in the negotiation or the
making of any contract with any business or entity in which he or
she has a financial interest.
(b) Any elected official, appointed officer, or employee who shall
have any private financial interest, directly or indirectly, in any
contract or matter pending before 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 or she shall
disqualify himself or herself 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) 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, conve-
nience, or profit, except in accordance with policies promulgated by
the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowl-
edge, 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.
Section 2.15. Inquiries and investigations. The city coun-
cil may make inquiries and investigations into the affairs of the city
and the conduct of any department or office thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or
refuses to obey a lawful order issued in the exercise of these powers by
the city council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the city
council. Except as otherwise provided by this charter, the city
council shall be vested with all the powers of government of the city as
provided by Article I.
GEORGIA LAWS 1983 SESSION
4677
Section 2.17.
Section 2.18.
Section 2.19.
Reserved.
Reserved.
Reserved.
Chapter 2
Organization and Procedures
Section 2.20. Organizational meeting. The city council
shall meet for organization on the first Monday
after the election of the mayor and council members or as soon
thereafter as may be practicable. The meeting shall be called to order
by the city clerk, and the oath of office shall be administered as
follows to the newly elected members by an officer authorized by law
to administer oaths:
I do solemnly swear (or affirm) that I will faithfully perform the
duties of (mayor or council member) of the City of White Plains 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 2.21. Regular and special meetings, (a) The city
council shall hold regular meetings at such times and places as
prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the
mayor or three members of the city council. Notice of such special
meetings shall be served on all other members personally or by
telephone personally. 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, in writing, by a council member before or after such a meeting
and attendance at the meeting shall also constitute a waiver of notice
on any business transacted in such council members presence. Only
the business stated in the call may be transacted at the special
meeting.
(c) All meetings of the city council shall be public to the extent
required by general state law, and notice to the public of special
meetings shall be made seven days prior to such meeting.
4678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.22. 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 journal shall be a public record.
Section 2.23. Quorum; voting. The mayor or mayor pro tem-
pore and three council members shall constitute a quorum and shall
be authorized to transact business of the city council. Voting on the
adoption of ordinances or resolutions shall be taken by voice vote and
the ayes and nays shall be recorded in the journal, but any member of
the city council shall have the right to request a roll-call vote. The
affirmative vote of a majority of the council members present and
voting shall be required for the adoption of any ordinance, resolution,
or motion, except as otherwise provided in this charter. The mayor or
mayor pro tempore, if presiding, shall be entitled to vote only in the
case of a tie.
Section 2.24. Ordinance form; procedure, (a) Every pro-
posed ordinance shall be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject
which is not expressed in its title. The enacting clause shall be The
Council of the City of White Plains 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 2.26.
Section 2.25. 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
acts have the force and effect of law, shall be done by ordinance.
Section 2.26. Emergencies. To meet a public emergency
affecting life, health, property, or public peace, the city council may
convene 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
GEORGIA LAWS 1983 SESSION
4679
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 that emergency in clear and specific terms. An
emergency ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced, but the affirmative
vote of at least three council members shall be required for adoption.
It shall become effective upon adoption or at such later time as it may
specify. Every emergency ordinance shall automatically stand
repealed 30 days following the date upon which it was adopted, but
this shall not prevent reenactment of the ordinance in the manner
specified in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance
in the same manner specified in this section for adoption of emer-
gency ordinances.
Section 2.27. Codes of technical regulations, (a) The city
council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and
requirements governing such adopting ordinance shall be as pre-
scribed for ordinances generally, except that a copy of each adopted
code of technical regulations, as well as the adopting ordinance, shall
be authenticated and recorded by the city clerk pursuant to Section
2.28.
(b) Copies of any adopted code of technical regulations shall be
made available by the city clerk for distribution or for purchase at a
reasonable price.
Section 2.28. Signing; authenticating; codification; print-
ing. (a) The city clerk shall authenticate by his or her signature all
ordinances adopted by the city council.
(b) The city council may provide for the preparation of a general
codification of all of the ordinances of the city having the force and
effect of law. The general codification shall be adopted by the city
council by ordinance and shall be published promptly, together with
all amendments thereto and such codes of technical regulations and
other rules and regulations as the city council may specify. This
compilation shall be known and cited officially as The Code of the
City of White Plains, Georgia. Copies of the code shall be furnished
to all officers and departments of the city and made available for
inspection by the public at the city hall. Copies of the code shall be
4680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
made available for purchase by the public at a reasonable price as
fixed by the city council.
(c) The city council may cause each ordinance and each amend-
ment to this charter to be printed promptly following its adoption,
and the printed ordinances and charter amendments shall be made
available for purchase by the public at reasonable prices to be fixed by
the city council. Following publication of the first code under this
charter and at all times thereafter, the ordinances and charter amend-
ments shall be printed in substantially the same style as the code
currently in effect and shall be suitable in form for incorporation
therein. The city council shall make such further arrangements as
deemed desirable with respect to reproduction and distribution of
any current changes in or additions to codes of technical regulations
and other rules and regulations included in the code.
Section 2.29. Reserved.
Chapter 3
Office of Mayor
Section 2.30. Election; forfeiture; compensation. The
mayor shall be elected and serve for a term of four years and until a
successor is elected and qualified. He or she shall be a qualified elec-
tor of the city and shall have been a resident of the city for six months
immediately prior to the election of mayor. The mayor shall continue
to reside in the city during said period of service. He or she shall for-
feit the office on the same grounds and under the same procedure as
for council members. The compensation of the mayor shall be estab-
lished in the same manner as for council members.
Section 2.31. Chief executive officer; delegation of
powers. The mayor shall be the chief executive of the city. The
mayor 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, except as otherwise specifically provided in this charter.
The mayor shall have the authority to delegate any one or more
executive or administrative powers to a person or persons employed
by the city and qualified in management and administration.
GEORGIA LAWS 1983 SESSION
4681
Section 2.32. Powers and duties of the mayor. As the
chief executive of the city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully
executed;
(2) Appoint and remove, for cause, with confirmation of
appointment or removal by the council, all officers, department
heads, and employees of the city, except as otherwise provided in
this charter;
(3) Exercise supervision over all executive and administra-
tive work of the city and provide for the coordination of adminis-
trative activities;
(4) Prepare and submit to the council a recommended
annual operating budget and recommended capital budget;
(5) Submit to the council at least once a year a statement
covering the financial conditions of the city and, from time to
time, such other information as the city council may request;
(6) Preside over all meetings of the city council;
(7) Call special meetings of the city council as provided for
in Section 2.21;
(8) Participate in the discussion of all matters brought
before the city council and vote on such matters only in the case of
a tie vote;
(9) 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 or she may deem
expedient;
(10) Approve or disapprove ordinances as provided in Sec-
tion 2.33;
(11) Require any department or agency of the city to submit
written reports whenever he or she deems it expedient;
4682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(12) Sign as a matter of course all written contracts, ordi-
nances, and other instruments executed by the city which by law
are required to be in writing; and
(13) Perform such other duties as may be required by general
state law, this charter, or ordinance.
Section 2.33. Submission of ordinances to the mayor;
veto power, (a) Every ordinance adopted by the city council
shall be presented promptly by the city clerk to the mayor.
(b) The mayor, within 14 calendar days of receipt of an ordi-
nance, shall return it to the city clerk with or without his or her
approval or with his or her disapproval. If the ordinance has been
approved by the mayor, it shall become law upon its return to the city
clerk; if the ordinance is neither approved nor disapproved, it shall
become law at 12:00 Noon on the fourteenth calendar day after its
adoption; if the ordinance is disapproved, the mayor shall submit to
the city council through the city clerk a written statement of the
reasons for the veto. The city clerk shall record upon the ordinance
the day of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the
city clerk to the city council at its next meeting; and, should the city
council then or at its next general meeting adopt the ordinance by an
affirmative vote of the entire council, it shall become law.
(d) The mayor may disapprove or reduce any item or items of
appropriation in any ordinance. The approved part or parts of any
ordinance making appropriations shall become law, and the part or
parts disapproved shall not become law unless subsequently passed
by the city council over the mayors veto as provided in this charter.
The reduced part or parts shall be presented to the city council as
though disapproved and shall become law unless overridden by the
council as in subsection (c) of this section.
Section 2.34. Mayor pro tempore; selection; duties. 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 the mayors disability or absence. In the event of the
mayor pro tempores disability or absence, the council members shall
elect by majority vote from among its members one who shall assume
the duties and powers of the mayor. Any such absence or disability
shall be declared by majority vote of all council members.
GEORGIA LAWS 1983 SESSION
4683
ARTICLE III.
ADMINISTRATIVE RESPONSIBILITIES
Section 3.10 Administrative and Service
Departments
Section 3.11 Boards; Commissions; and
Authorities
Section 3.12 City Attorney; Duties
Section 3.13 City Clerk/Treasurer; Duties
Section 3.10. Administrative and service depart-
ments. (a) Except as otherwise provided in this charter, the city
council, by ordinance, shall prescribe the functions or duties and es-
tablish, abolish, or alter all nonelective offices, positions of employ-
ment, departments, and agencies of the city as necessary for the
proper administration of the affairs and government of the city.
(b) Except as otherwise provided by this charter or general state
law, the directors of departments and other appointed officers of the
city shall be appointed solely on the basis of their respective adminis-
trative and professional qualifications.
(c) All appointed officers and directors of departments shall
receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department 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 or her department.
(e) All directors under the supervision of the mayor shall be
nominated by the mayor, with confirmation of appointment by the
city council. The mayor may suspend or remove directors under his
or her supervision but such shall not be effective for 14 calendar days
following the mayor giving written notice of such action and the
reasons therefor to the director involved and the city council. The
director involved may appeal to the city council, which, after a
hearing, may override the mayors action by an affirmative vote of the
entire council or confirm such suspension or removal by a majority
vote.
4684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.11. Boards; commissions; and authori-
ties. (a) The city council shall create by ordinance such boards,
commissions, and authorities to fulfill any investigative, quasi-judi-
cial, 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 state law.
(c) The city council may provide by ordinance for the compensa-
tion and reimbursement for actual and necessary expenses of the
members of any board, commission, or authority.
(d) Any vacancy on a board, commission, or authority of the city
shall be filled for the unexpired term in the manner prescribed in this
section 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 or she has executed and filed with the city clerk
an oath obligating himself or herself to perform the duties of the
office faithfully and impartially, such oath to be prescribed by
ordinance and administered by the mayor.
(f) Any member of a board, commission, or authority may be
removed from office for cause by a vote of three members of the city
council.
(g) Except as otherwise provided by this charter or by general
state law, each board, commission, or authority of the city shall elect
one of its members as chairman, one member as vice-chairman, and
one member as secretary. Each board, commission, or authority of
the city government may establish such bylaws, rules, and regulations
not inconsistent with this charter, ordinances of the city, or 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 city clerk.
GEORGIA LAWS 1983 SESSION
4685
Section 3.12. City attorney; duties. The mayor may
appoint, with confirmation of appointment by the city council, a city
attorney whose compensation shall be established by the city council
by ordinance. The city attorney shall be responsible for representing
and defending the city in all litigation in which the city is a party; may
be the prosecuting officer in any municipal court; shall attend the
meetings of the council as directed; shall advise the mayor, city
council, and other officers and employees of the city concerning legal
aspects of the citys affairs; and shall perform such other duties as
may be required of him or her by ordinance or by virtue of his or her
position as city attorney.
Section 3.13. City clerk/treasurer; duties. The mayor
shall appoint, with confirmation of appointment by the city council, a
city clerk/treasurer. The city clerk/treasurer shall be a custodian of
the official seal of the city; shall maintain city council records
required by this charter; shall receive, keep, and disburse all money of
the city, upon orders, and maintain accurate records thereof; and
shall perform such other duties as may be required by the mayor or
city council.
ARTICLE IV.
ELECTIONS
Section 4.10
Section 4.11
Section 4.12
Section 4.13
Section 4.14
Section 4.15
Section 4.16
Section 4.17
Applicability of General
State Law
Regular Elections; Time for
Holding
Special Elections; Vacancies
Other Provisions
Nonpartisan Elections
Election by Plurality
Grounds for Removal
Procedure for Removal
Section 4.10. Applicability of general state law. All pri-
maries and elections shall be held and conducted in accordance with
the Georgia Municipal Election Code, Chapter 3 of Title 21 of the
O.C.G.A.
Section 4.11. Regular elections; time for holding. On the
first Wednesday in December, 1984, and on that day every four years
4686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereafter, there shall be an election for the mayor and five council
members. The terms of office shall begin at the time of taking the
oath of office as provided in Section 2.20 of this charter.
Section 4.12. 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 remainder of the unexpired term of such
office; provided, however, if such vacancy occurs within six months of
the expiration of the term of office, the city council or those remaining
shall appoint a successor for the remainder of the term. In all other
respects, the special election shall be held and conducted in accord-
ance with the Georgia Municipal Election Code, Chapter 3 of Title 21
of the O.C.G.A.
Section 4.13. Other provisions. Except as otherwise pro-
vided 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, Chapter 3 of
Title 21 of the O.C.G.A.
Section 4.14. 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 4.15. Election by plurality. The candidate receiv-
ing a plurality of the votes cast for any city office shall be elected.
Section 4.16. Grounds for removal. The mayor, council
members, or other elected officers provided for in this charter shall be
removed from office for any one or more of the following causes:
(1) Misfeasance or malfeasance in office;
(2) Conviction of a felony involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of
office as provided by this charter or by the general laws of this
state;
(4) A knowing violation of any express prohibition of this
charter;
GEORGIA LAWS 1983 SESSION
4687
(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 4.17. Procedure for removal. Removal of an officer
described in Section 4.16 may be accomplished by one of the following
methods:
(1) By the vote of three council members after an invest-
igative hearing. In the event an elected officer is sought to be
removed by the action of the city council, such officer shall be
entitled to a written notice specifying the ground for removal and
to a public hearing which shall be held not less than ten days after
the service of such written notice. Any elected officer sought to be
removed from office as provided in this charter shall have the right
of appeal from the decision of the city council to the Superior
Court of Greene County. Such appeal shall be governed by the
same rules as govern appeals to the superior court from the
probate court; or
(2) By information filed in the Superior Court of Greene
County as provided by general state law.
ARTICLE V.
FINANCE
Chapter 1
Taxation and Fees
Section 5.10
Section 5.11
Section 5.12
Section 5.13
Section 5.14
Section 5.15
Section 5.16
Section 5.17
Ad Valorem Tax
Millage Rate; Due Dates;
Payment Methods
Occupation and Business Taxes
Licenses; Permits; Fees
Franchises
Service Charges
Special Assessments
Construction of Language;
Other Taxes
4688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5.18 Collection of Delinquent
Taxes and Fees
Section 5.19 Reserved
Chapter 2
Bonds and Other Indebtedness
Section 5.20
Section 5.21
Section 5.22
Section 5.23
Section 5.24
Section 5.25
Section 5.26
Section 5.27
Section 5.28
Section 5.29
General Obligation Bonds
Revenue Bonds
Short-term Notes
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Chapter 3
Accounting and Budgeting
Section 5.30
Section 5.31
Section 5.32
Section 5.33
Section 5.34
Section 5.35
Section 5.36
Section 5.37
Section 5.38
Section 5.39
Fiscal Year
Preparation of Budgets
Submission of Operating
Budget to City Council
City Council Action on Budget
Tax Levies
Changes in Appropriations
Capital Improvements Budget
Independent Audit
Reserved
Reserved
Chapter 4
Contracting Procedures and Property Management
Section 5.40 Contracting Procedures
Section 5.41 Sale of City Property
Chapter 1
Taxation and Fees
Section 5.10. Ad valorem tax. The city council may assess,
levy, and collect an ad valorem tax on all real property within the
GEORGIA LAWS 1983 SESSION
4689
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 and providing governmen-
tal services, for the repayment of principal and interest of general ob-
ligations, and for any other public purpose as determined by the city
council in its discretion.
Section 5.11. Millage rate; due dates; payment meth-
ods. The city council, by ordinance, shall have the power to estab-
lish a millage rate for the city ad valorem tax, a due date, and in what
period of time such taxes must be paid. The city council, by
ordinance, may provide for the payment of these taxes by install-
ments or in one lump sum, as well as authorize the voluntary payment
of taxes prior to the due date.
Section 5.12. Occupation and business taxes. The city
council, by ordinance, shall have the power to levy reasonable occupa-
tion or business taxes on both individuals and corporations doing
business in the city or which practice or offer to practice any profes-
sion 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 5.18.
Section 5.13. Licenses; permits; fees. The city council, by
ordinance, shall have the power to require any individuals or corpora-
tions doing business in the 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 so as to preclude regulation by the city. Such fees may reflect the
total cost to the city of regulating the activity and, if unpaid, shall be
collected as provided in Section 5.18. The city council, by ordinance,
may establish reasonable requirements for obtaining or keeping such
licenses as the public health, safety, and welfare necessitate.
Section 5.14. Franchises. The city council shall have the
power to grant franchises for the use of the citys streets and alleys
and for the purposes of railroads, telephone companies, electric
companies, cable television, gas companies, and other similar organi-
zations. The city council shall determine the duration; provisions;
terms, including whether the same shall be exclusive or nonexclusive;
and the consideration for such franchises. No franchise shall be
4690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 5.15. Service charges. The city council, by ordi-
nance, shall have the power to assess and collect fees and charges for
sewer, sanitary, and health services or any other services rendered
within and without the corporate limits of the city, which fees reflect
the total cost to the city of providing such services. Unpaid fees and
charges shall be collected as provided in Section 5.18.
Section 5.16. 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 special assessments
shall be collected pursuant to the provisions of Section 5.18.
Section 5.17. Construction of language; other
taxes. The city shall be empowered to levy any other tax allowed
now or hereafter by state law; and the specific mention of any right,
power, or authority in this article shall not be construed as limiting in
any way the general powers of the city to govern its local affairs.
Section 5.18. 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
pursuant to Sections 5.10 through 5.17 by whatever reasonable means
as are not precluded by general state law. This shall include provid-
ing 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 and fees imposed, allowing exceptions for
hardship, and providing for the assignment or transfer of tax execu-
tions.
Section 5.19. Reserved.
GEORGIA LAWS 1983 SESSION
4691
Chapter 2
Bonds and Other Indebtedness
Section 5.20. 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 general state law. Such bonding authority shall be exer-
cised in accordance with the laws governing bond issuances by munic-
ipalities in effect at the time said issue is undertaken.
Section 5.21. 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 5.22. Short-term notes. The city must obtain and
repay any short-term loans between January 1 and December 31 of
each year or as otherwise provided by present or future state law.
Section 5.23.
Section 5.24.
Section 5.25.
Section 5.26.
Section 5.27.
Section 5.28.
Section 5.29.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Chapter 3
Accounting and Budgeting
Section 5.30. 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, and activity of the city government unless other-
wise provided by general state or federal law.
Section 5.31. Preparation of budgets. The city council
may provide an ordinance on the procedures and requirements for the
preparation and execution of an annual operating budget and a
4692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
capital improvements program and a capital budget, including
requirements as to scope, content, and form of budgets and programs.
Section 5.32. Submission of operating budget of city
council. On or before a date fixed by the city council but not later
than 60 days prior to the beginning of each fiscal year, the mayor may
submit to the city council a proposed operating budget for the ensuing
fiscal year. The operating budget and the capital improvements
budget hereinafter provided for and all supporting documents shall
be filed in the office of the city clerk for public inspection.
Section 5.33. City council action 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 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, may adopt the final operating
budget for the ensuing fiscal year not later than the first day of April
of each year. If the city council fails to adopt the budget by this date,
the amounts appropriated for operation for the current fiscal year
shall be deemed adopted for the ensuing fiscal year on a month-to-
month basis with all items prorated accordingly until such time as the
city council adopts a budget for the ensuing fiscal year. Such
adoption shall take the form of an appropriations ordinance setting
out the estimated revenues in detail by sources and making appropri-
ations according to fund and by organizational unit, purpose, or
activity.
(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 5.34. Tax levies. Following the adoption of the oper-
ating budget, the city council shall levy, by ordinance, such taxes as
are necessary. The taxes and tax rates set by said ordinance shall be
such that reasonable estimates of revenues from such levy shall at
least be sufficient, together with other anticipated revenues, fund
balances, and applicable reserves, to equal the total amount appropri-
GEORGIA LAWS 1983 SESSION
4693
ated for each of the several funds set forth in the annual operating
budget for defraying the expenses of the general government of the
city.
Section 5.35. Changes in appropriations. The city council,
by ordinance, may make changes in the appropriations contained in
the current operating budget at any regular or special meeting, or
emergency meeting called for such purpose, but any additional appro-
priations may be made only from an existing unappropriated surplus
in the fund to which it applies or on revised estimate of revenue.
Section 5.36. 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 may submit to the
city council a proposed capital improvements budget with his recom-
mendations 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 improve-
ments and means of financing. The city council shall not authorize an
expenditure for the construction of any building, structure, or work of
improvement which is not in the budget, except in the case of a public
emergency as provided in Section 2.26.
(b) The city council shall adopt, by ordinance, the final capital
improvements budget for the ensuing fiscal year not later than the
first day of April of each 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, however, the mayor may submit amendments
to the capital improvements budget at any time during the fiscal year,
accompanied by his or her recommendation. Any such amendments
to the capital improvements budget shall become effective only upon
adoption by ordinance.
Section 5.37. Independent audit. There shall be a biannual
independent audit of all city accounts, funds, and financial trans-
actions by a certified public accountant selected by the city council.
The audit shall be conducted according to generally accepted
accounting principles. Any audit of any funds by the state or federal
government may be accepted as satisfying the requirements of this
charter. Copies of all audit reports shall be available at printing cost
to the public.
4694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5.38. Reserved.
Section 5.39. Reserved.
Chapter 4
Contracting Procedures and Property Management
Section 5.40. Contracting procedures. No contract with
the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reviewed by the city
attorney and, as a matter of course, is signed by him or her to
indicate such drafting or review; and
(3) It is approved or authorized by the city council and such
approval is entered in the city council journal of minutes required
under this charter.
Section 5.41. 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.
(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 or owners. 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 advertise-
ment was or is hereafter made.
GEORGIA LAWS 1983 SESSION
4695
ARTICLE VI.
GENERAL PROVISIONS
Section 6.10
Section 6.11
Section 6.12
Section 6.13
Section 6.14
Section 6.15
Section 6.16
Section 6.17
Section 6.18
Eminent Domain
Official Bonds
Existing Personnel
and Officers
Pending Matters
Penalties
Construction
Severability
Specific Repealer
General Repealer
Section 6.10. Eminent domain. The city council is empow-
ered to acquire, construct, operate, and maintain public ways, parks,
public grounds, cemeteries, markets, market houses, public buildings,
libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, airports, hospitals, and charitable, educational,
recreational, sport, curative, corrective, detentional, penal, and medi-
cal institutions, agencies, and facilities, any other public improve-
ments inside or outside the city, and to regulate the use thereof, and,
for such purposes, property may be taken under Title 22 of the
O.C.G.A., subject to such amendments as shall be enacted, or any
other Georgia law applicable now or provided in the future.
Section 6.11. Official bonds. The officers and employees of
the city, both elected and appointed, 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 6.12. Existing personnel and officers.. Except as
specifically provided otherwise by this charter, all personnel and
officers of the city and their rights, privileges, and powers shall
continue beyond the time this charter takes effect until the existing
city council shall pass a transition ordinance detailing the changes in
personnel and appointed officers required or desired and arranging
such titles, rights, privileges, and powers as may be required or
desired to allow a reasonable transition. The mayor and council who
are in office on the effective date of this charter shall serve for the
remainder of the terms of office to which they were elected.
4696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.13. Pending matters. Except as specifically pro-
vided 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 officer as may be provided by the city council.
Section 6.14. Penalties. The violation of any provisions of
this charter for which a penalty is not specifically provided for in this
charter is declared to be a misdemeanor and shall be punishable by a
fine of not more than $300.00.
Section 6.15. Construction, (a) Section captions in this
charter are informative only and are not to be considered as a part
thereof.
(b) The word shall is intended to be mandatory and the word
may is intended to be permissive.
(c) The singular shall include the plural and the masculine the
feminine and vice versa.
Section 6.16. 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 held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section,
subsection, paragraph, sentence, or part thereof be enacted sepa-
rately and independently of each other.
Section 6.17. Specific repealer. An Act incorporating the
City of White Plains in the County of Greene, approved August 4,
1917 (Ga. L. 1917, p. 898), as amended by an Act approved August 3,
1920 (Ga. L. 1920, p. 1762), an Act approved July 23, 1931 (Ga. L.
1931, p. 1028), an Act approved April 17,1973 (Ga. L. 1973, p. 3105),
and an Act approved February 27, 1976 (Ga. L. 1976, p. 2730), is
repealed in its entirety.
Section 6.18. General repealer. All laws and parts of laws in
conflict with this Act are repealed.
GEORGIA LAWS 1983 SESSION
4697
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia a bill to create a new
charter for the City of White Plains and repeal the old charter; and for
other purposes.
This 1st of February, 1983.
Frank Moore
Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jesse Copelan, Jr., who, on oath,
deposes and says that he is Representative from the 106th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Herald-Journal which is the official
organ of Greene County, on the following dates: February 4, 11, 18,
1983.
/s/ Jesse Copelan, Jr.
Representative,
106th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB JUDICIAL CIRCUIT COMPENSATION
OF CERTAIN OFFICIALS AND EMPLOYEES, ETC.
No. 488 (House Bill No. 813).
AN ACT
To amend an Act creating the Cobb Judicial Circuit, approved
February 19,1951 (Ga. L. 1951, p. 184), as amended, particularly by
an Act approved April 9,1981 (Ga. L. 1981, p. 1029), so as to change
the county supplement for the district attorney; to change the provi-
sions relative to the appointment and compensation of investigators;
to change the provisions relative to the appointment and compensa-
tion of assistant district attorneys; to change the provisions relative to
the county supplement paid to the legal secretary appointed by the
district attorney; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Cobb Judicial Circuit, approved
February 19,1951 (Ga. L. 1951, p. 184), as amended, particularly by
an Act approved April 9,1981 (Ga. L. 1981, p. 1029), 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 offices of the judges and the district attorney of
the Superior Court of the Cobb Judicial Circuit are created. In
addition to the salary payable from state funds, the district attorney
of the Cobb Judicial Circuit shall receive a county supplement of
$7,500.00 per annum, payable in equal monthly installments out of
the funds of Cobb County. The governing authority of Cobb County
is authorized and directed to pay the district attorney the additional
compensation provided herein. The district attorney of the Cobb
Judicial Circuit may not engage in the private practice of law in any
GEORGIA LAWS 1983 SESSION
4699
contested matter in any court in this state; provided, however, that
the present district attorney of the Cobb Judicial Circuit and all
future district attorneys may prosecute to final completion all cases in
which his name appears as counsel of record and which were filed
prior to his assuming the office of district attorney of the Cobb
Judicial Circuit.
Section 2. Said Act is further amended by striking Section 4(a)
in its entirety and inserting in lieu thereof a new Section 4(a) to read
as follows:
Section 4(a). Said district attorney is authorized to appoint four
investigators, Cobb Judicial Circuit, to serve at the pleasure of said
district attorney and to perform generally such duties as may be
assigned by said district attorney. They shall have the same power to
make arrests, to execute and return all criminal warrants and pro-
cesses, and to serve as a peace officer as may be performed by a sheriff
and they shall be subpoena clerks in the superior court for the
purpose of summoning witnesses before the grand jury. They shall
receive as compensation for the performance of such duties a sum of
not less than $9,860.00 per annum and not more than $20,000.00 per
annum, the exact amount to be determined by the district attorney.
The compensation shall be paid in equal monthly installments from
the general funds of Cobb County, Georgia.
Section 3. Said Act is further amended by striking Section 4B in
its entirety and inserting in lieu thereof a new Section 4B to read as
follows:
Section 4B. The district attorney is authorized to appoint, in
addition to those assistant district attorneys otherwise provided by
law, five full-time or part-time assistant district attorneys who shall
serve at the pleasure of the district attorney and who shall assist the
district attorney in the performance of his duties. All assistant
district attorneys shall have been admitted to the practice of law in all
of the courts of the State of Georgia and be members in good standing
of the State Bar of Georgia. On and after April 91983, all assistant
district attorneys shall be compensated in the sum of not less than
$15,500.00 nor more than $37,000.00 per annum. The exact amount of
said compensation shall be determined by the district attorney of the
Cobb Judicial Circuit. Said sum shall be payable in equal monthly
installments from the general funds of said county with the exception
that, whenever the State of Georgia shall provide the compensation to
4700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any of the assistant district attorneys, the amount of state compensa-
tion shall be deducted from the total salary paid from the general
funds of Cobb County, Georgia.
Section 4. Said Act is further amended by striking Section 4G in
its entirety and inserting in lieu thereof a new Section 4G to read as
follows:
Section 4G. In addition to the salary payable from state funds,
the legal secretary appointed by the district attorney pursuant to
Code Section 15-18-17 of the O.C.G.A. shall receive a county supple-
ment as fixed by the district attorney with the consent of the
governing authority of Cobb County. Said supplement shall be fixed
by the district attorney with the consent of the governing authority
and shall be payable in equal monthly installments out of the funds of
Cobb County. The governing authority of Cobb County is authorized
and directed to pay said legal secretary the additional compensation
provided herein.
Section 5. This Act shall become effective on April 1,1983.
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 Janu-
ary-February 1983 session of the General Assembly of Georgia, a bill
to amend the Act creating the Cobb Judicial Circuit, approved
February 19, 1951 (Ga. L. 1951, P. 184), as amended so as to change
the provisions relating to the appointment of assistant district attor-
neys to change the salary provisions relating to the assistant district
attorneys to change the salary provisions relating to investigators; to
provide a county supplement for the District Attorney; to provide for
the method of payment and supplement of the legal secretary pro-
vided pursuant to Ga. L. 1957, p. 173 as amended and Ga. L. 1975, p.
GEORGIA LAWS 1983 SESSION
4701
1506; and for other purposes.
This the 31st day of December, 1982.
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
George W. Darden
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Johnny Isakson, who, on oath,
deposes and says that he is Representative from the 21st District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Marietta Daily Journal which is the
official organ of Cobb County, on the following dates: December 31,
1982, January 7,14,21,28,1983.
/s/ Johnny Isakson
Representative,
21st District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
4702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
RICHMOND COUNTY BOARD OF HEALTH CONTINUED.
No. 537 (House Bill No. 665).
AN ACT
To provide for authority; to continue in force and effect as part of
the Constitution ratified at the general election in 1982 that Constitu-
tional Amendment (Res. Act 605, SB 254, Ga. L. 1952, p. 71), duly
ratified at the 1952 general election and proclaimed by the Governor
to be a part of the Constitution of 1945, and subsequently made a part
of the Constitution of 1976, which amendment authorized a combined
Board of Health for the City of Augusta and Richmond County,
known as the Richmond County Board of Health; 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 is passed pursuant to Article XI, Section I,
Paragraph IV of the Constitution, authorizing the continuation of
certain amendments to the Constitution.
Section 2. That Constitutional Amendment (Res. Act 605, SB
254, Ga. L. 1952, p. 71), duly ratified at the 1952 general election and
proclaimed by the Governor to be a part of the Constitution of 1945,
and subsequently made a part of the Constitution of 1976, which
amendment authorized a combined Board of Health for the City of
Augusta and Richmond County, known as the Richmond County
Board of Health, shall not be repealed or deleted upon July 1,1987, as
part of the Constitution ratified at the general election in 1982, but is
specifically continued in force and effect on and after that date as
part of that Constitution.
Section 3. This Act shall become effective July 1,1983.
GEORGIA LAWS 1983 SESSION
4703
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
1983 Session of the General Assembly of Georgia an Act to maintain
the provisions of a local constitutional amendment applying to
Richmond County, Georgia, as found in Ga. Laws 1952, page 71,
authorizing Richmond County and the City Council of Augusta to
regulate the public health of said City and County by and through
Richmond County Department of Health and to ratify, validate
and confirm the original amendatory Acts of the General Assembly
heretofore enacted with respect to the Richmond County Department
of Health, more particularly set forth and described in Ga. Laws 1952,
page 71, and to ratify, validate and confirm all the rules, regulations
and ordinances adopted and promulgated pursuant to said Acts of the
General Assembly; to provide an effective date; and for other pur-
poses.
This 17th day of December, 1982.
Robert C. Daniel, Jr.
County Attorney
Georgia, Richmond County.
Personally appeared before me, a Notary Public, the undersigned,
Paul S. Simon, who, on oath, says that he is the President of
Southeastern Newspapers Corporation, publisher of The Augusta
Herald, a daily newspaper publication in the City of Augusta,
Richmond County, Georgia, being of general circulation and being the
legal organ of the County of Richmond who certifies that the legal
notice of intention to apply for local legislation was duly published
4704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
once' a week for three weeks, as required by law, said dates of
publication being December 24,31,1982, and January 7,1983.
/s/ Paul S. Simon, President,
Southeastern Newspapers
Corporation, Publisher of
the Augusta Herald,
Richmond County, Georgia
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ JoAnn M. Lundquist
Notary Public, Georgia State at Large.
My Commission Expires June 23, 1986.
(Seal).
Approved March 31, 1983.
TOWN OF TYRONE TERMS OF COUNCILMEN
ELECTION.
No. 538 (Senate Bill No. 300).
AN ACT
To amend an Act creating a new charter for the Town of Tyrone,
approved April 17, 1975 (Ga. L. 1975, p. 3876), so as to provide the
terms of the councilmen and to provide for their election; to provide
for all related matters; to provide a conditional 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 Town of Tyrone,
approved April 17,1975 (Ga. L. 1975, p. 3876), is amended by striking
Section 2.101 and inserting in its place a new Section 2.101 to read as
follows:
GEORGIA LAWS 1983 SESSION
4705
Section 2.101. Creation; Composition; Number; Election, (a)
The legislative authority of the Town of Tyrone shall be vested in a
town council to be composed of a mayor and four councilmen. The
mayor and councilmen shall be elected in the manner provided by
Article V of this charter. For the purpose of electing councilmen,
positions on the council shall be numbered as posts 1 through 4.
Except as otherwise provided in subsection (b) of this section the
terms of office of the mayor and councilmen shall be two years and
until their successors are elected and qualified.
(b) Successors to the mayor and councilmen in office on the
effective date of this section shall be elected and take office as
provided by this subsection. At the 1983 municipal election there
shall be elected the mayor and the councilmen for posts 2, 3, and 4.
The mayor and councilmen for posts 3 and 4 elected at the 1983
election shall serve for terms of two years; and the councilman for
post 2 elected at the 1983 election shall serve for a term of one year.
At the 1984 municipal election and at each municipal election there-
after held in an even-numbered year there shall be elected council-
men for posts 1 and 2 who shall serve for terms of two years. At the
1985 municipal election and at each municipal election held in an
odd-numbered year thereafter there shall be elected the mayor and
councilmen for posts 3 and 4 who shall serve for terms of two years.
(c) The annual municipal election shall be held on the first
Wednesday in December of each year. The councilmen or mayor and
councilmen elected at each election shall take office at the first
council meeting following their election.
Section 2. This Act shall become effective only if prior to the
opening of the qualifying period for the 1983 municipal election the
councilman for post 2 who is then in office has submitted his
resignation which will become effective on the date of the first council
meeting following the 1983 municipal election; and if such resignation
has been so submitted, then this Act shall become effective on the
opening day of the qualifying period for the 1983 municipal election.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
4706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 session of the General Assembly of Georgia a local act concern-
ing authorization for a special election to readjust the terms of
Council Post No. 2 for the Town of Tyrone and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bev Engram who, on oath, deposes
and says that she is Senator from the 34th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Fayette County News which is the official organ
of Fayette County, on the following dates: February 2,9,16,23,1983.
/s/ Bev Engram
Senator,
34th District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 1, 1983.
GEORGIA LAWS 1983 SESSION
4707
FAYETTE COUNTY ft MAGISTRATE COURT.
No. 539 (Senate Bill No. 306).
AN ACT
To provide for the Magistrate Court of Fayette County; to state
legislative intent; to fix the number of magistrates and provide for
their selection, terms, and compensation; to provide for a clerk and
constables; to provide for related matters; 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. It is the intent of this Act to implement certain
changes required by Article VI of the 1983 Constitution of the State of
Georgia and authorized by Chapter 10 of Title 15 of the Official Code
of Georgia Annotated.
Section 2. (a) The number of magistrates authorized for the
Magistrate Court of Fayette County shall be four magistrates, but in
addition to said magistrates there shall be for any period of time
required by Article VI, Section X, Paragraph II of the 1983 Constitu-
tion of Georgia such number of additional magistrates as are contin-
ued in office by said constitutional provision and who meet the
required certifications of their office prior to the effective date of this
Act.
(b) On the effective date of this Act, should there be less than
four duly qualified persons to sit as magistrates by reason of certifica-
tion provisions of Article VI of the 1983 Constitution of the State of
Georgia, the chief judge of the Superior Court of Fayette County shall
appoint the necessary duly qualified persons to fill the vacant magis-
trate post to serve for a term to expire on December 31,1984.
(c) The term of office of any magistrate taking office on or after
January 1,1985, shall be for four years beginning on the first day of an
odd-numbered year, except that in selecting magistrates to fill newly-
created positions, vacancies or if otherwise necessary, a magistrate
may be selected for a term of less than four years to expire on the last
day of an even-numbered year.
4708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The magistrates shall be elected at the November, 1984,
general election by the voters of the county, in a partisan election in
the same manner as county officers are elected, for a term beginning
on the first day of January following their election. Their successors
shall likewise be elected quadrennially thereafter for terms beginning
on the first day of January following their election. Vacancies for any
reason shall be filled by appointment by the chief judge of the
Superior Court of Fayette County.
Section 3. There shall be as provided by Chapter 10 of Title 15 of
the Official Code of Georgia Annotated, a chief magistrate of the
Magistrate Court of Fayette County. The office of chief magistrate
shall be filled by an appointment by the chief judge of the Superior
Court of Fayette County from among those magistrates in office at
the time of appointment. Vacancy in the office shall be filled in like
manner. Any magistrate appointed as chief magistrate shall serve
until the expiration of his term of office. The office of chief magistrate
shall be open for business during the business hours established for
other public offices in the County of Fayette. The chief magistrate
shall be responsible for maintaining any records required by Chapter
10 of Title 15 of the Official Code of Georgia Annotated and estab-
lished under authority of Article VI of the 1983 Constitution of
Georgia.
Section 4. (a) The governing authority of Fayette County shall
compensate the chief magistrate at a salary of not less than $12,000.00
annually to be divided into 12 monthly installments.
(b) The governing authority of Fayette County shall compensate
all other magistrates at a salary of not less than $8,000.00 annually to
be divided into 12 monthly installments.
Section 5. The chief magistrate shall appoint a duly qualified
clerk of the magistrate court. The clerk shall perform those duties
required of a clerk of the magistrate court. Additional personnel to
assist the clerk shall be appointed by the chief magistrate only upon
consent of the governing authority of Fayette County. The clerk shall
serve at the pleasure of the chief magistrate. The compensation of the
clerk and other personnel shall be as fixed by the county governing
authority.
Section 6. The chief magistrate shall appoint a duly qualified
constable or constables of the magistrate court. The constables shall
GEORGIA LAWS 1983 SESSION
4709
perform those duties required of constables under Chapter 10 of Title
15 of the Official Code of Georgia Annotated. The constables shall
serve at the pleasure of the chief magistrate. The compensation of the
constables shall be as fixed by the county governing authority.
Section 7. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such adjudication shall in no manner affect the other
sections, subsections, sentences, clauses, or phrases of this Act, which
shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
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 8. This Act shall become effective July 1,1983.
Section 9. 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
1983 session of the General Assembly of Georgia a local act concern-
ing the Magistrate Court of Fayette County providing for selection,
term and operation of the Magistrate Court of Fayette County and for
other purposes.
James A. White
Attorney at Law
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bev Engram who, on oath, deposes
and says that she is Senator from the 34th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
4710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
was published in the Fayette County News which is the official organ
of Fayette County, on the following dates: February 2,9,16,1983.
/s/ Bev Engrain
Senator,
34th District
Sworn to and subscribed before me,
this 23rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved April 1, 1983.
CITY OF CALHOUN NEW CHARTER.
No. 569 (House Bill No. 487).
AN ACT
To provide a new charter for the City of Calhoun, Georgia; to
provide for the incorporation and powers of such city; to provide for
the governing authority; to provide for the mayor and city council; to
provide for administration; to provide for the recorders court of the
city government; to provide for elections; to provide for the financial
and fiscal affairs of the city; to provide for municipal services and
regulatory functions; to provide for general provisions; to provide for
other matters relative thereto; to provide for specific repeal; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1983 SESSION
4711
Be it enacted by the General Assembly of Georgia:
ARTICLE I
Incorporation, Powers, Boundaries
Section 1-101.
Section 1-102.
Section 1-103.
Section 1-104.
Section 1-105.
Incorporation; name.
General powers.
Specific powers; certain
powers enumerated.
Construction of powers.
Boundaries; official map.
Section 1-101. Incorporation; name. The City of
Calhoun, Georgia, and the inhabitants thereof shall continue to be a
body politic and corporate under the name of the City of Calhoun
(hereinafter at times referred to as the city). The city shall be the
legal continuation and successor to the city as heretofore incorpo-
rated, shall continue to be vested with all of the property and rights of
property which now belong to the city, and shall have perpetual
succession.
Section 1-102. General powers, (a) The city shall have
all the powers, duties, rights, privileges, and immunities vested in the
city now or hereafter granted to municipal corporations by the
Constitution, by the general laws of the State of Georgia, and by this
charter. The city shall exercise and enjoy all powers of self-govern-
ment not specifically prohibited by the Constitution, the general laws
of the State of Georgia, or by this charter, including all powers,
functions, rights, privileges, and immunities necessary or desirable to
promote or protect the safety, health, peace, security, good order,
comfort, convenience, and general welfare of the city and of its
inhabitants, and all implied powers necessary to carry into execution
all powers granted as fully and completely as if these powers were
enumerated in this charter.
(b) The city may sue and be sued; may contract and be con-
tracted with; may acquire and hold any property, real and personal, as
may be devised, bequeathed, sold, or in any manner conveyed or
dedicated to or otherwise acquired by it and from time to time may
hold or invest, sell or dispose of any of its property; and may have a
common seal and alter it at will.
4712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) No enumeration of particular powers in this charter shall be
held to be exclusive of others nor restrictive of general words and
phrases granting powers but shall be held to be in addition to such
powers unless expressly prohibited to municipalities under the Con-
stitution or applicable laws of the State of Georgia.
Section 1-103. Specific powers; certain powers enu-
merated. (a) The city may acquire, construct, and maintain, by
condemnation or otherwise, inside or outside the city limits, public
ways, streets, sidewalks, parks, public grounds, cemeteries, public
buildings, libraries, sanitary landfill, sewers, drains, sewage treatment
or waterworks systems, electrical or gas systems, airports, hospitals,
and charitable, educational, flood control, recreational, sport, cur-
ative, corrective, detentional, penal, and medical institutions, areas,
and facilities, and any other public improvement. The city, by ordi-
nance, may establish and enforce rules and regulations necessary to
preserve order, peace, and dignity on any property or facilities so
acquired inside or outside the corporate limits of the city.
(b) (1) The city shall be authorized to make special assess-
ments with or without petition against benefited property within
its corporate limits for:
(A) Constructing, reconstructing, paving, widening,
installing curbs and gutters, and otherwise building and
improving streets;
(B) Constructing, reconstructing, paving, widening,
and otherwise building or improving sidewalks in any public
street;
(C) Constructing, reconstructing, extending, and other-
wise building or improving water systems;
(D) Constructing, reconstructing, extending, and oth-
erwise building or improving sanitary sewer lines; and
(E) Constructing, reconstructing, extending, and oth-
erwise building or improving sewage disposal systems.
(2) Assessments may be made on the basis of:
GEORGIA LAWS 1983 SESSION
4713
(A) The frontage abutting on the project, at an equal
rate per foot of frontage;
(B) The area of land served or subject to being served
by the project, at an equal rate per unit of area;
(C) 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 the county and the appraised
value of the land with improvements according to the
appraisal standards and rules adopted by the county at its
last revaluation, at an equal rate per dollar of value added;
(D) 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
(E) 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 councils decision as to the method of assessment shall
be final and conclusive and not subject to further review or
challenge.
(3) The procedures for execution of the power and authority
granted herein, including payment of assessments, liens for assess-
ments against property, and the issuance, levy, and collection of
executions, shall be as prescribed by ordinance or resolution of the
mayor and council.
(c) (1) No contract for the sale or lease of the system of
waterworks or lighting system owned by the City of Calhoun shall
4714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be entered into, granted, renewed, or extended between the City of
Calhoun and any person, firm, or corporation except by ordinance
which must be authorized and approved by a majority of the
registered voters voting thereon at a general or special municipal
election, at which the question to be submitted to the voters shall
be printed in appropriate form on such ballot.
(2) The general and special municipal election shall not be
held in connection with or upon the same day as any state, county,
or congressional election or primary.
(d) The mayor and council of the city or the water and electricity
commission, or either, shall have the right to make contracts with
persons, firms, or corporations residing beyond the limits to furnish
them with electricity or sewage disposal and water, or either, when-
ever the same can be done without interfering with the efficient
supply of electricity and water to the inhabitants of the city.
(e) (1) The mayor and council shall have the power to cause
the owner or owners of lots within the city to drain the same or to
fill the same to the level of the streets or alleys on which said lots
abut, to cause the owner or owners of cellars holding water to cause
the same to be drained thereof or filled up if necessary, to compel
property owners to make proper connections of drain pipes to
storm sewers and gutters or other street waterways, and to pass
such ordinances regulating the same as they may deem necessary.
(2) Whenever the owner of any such property shall refuse or
fail, after a reasonable notice to him or his agent or to the tenant in
possession of said premises, to comply with the requirements of
said mayor and council within the period prescribed for such
notice, it shall be lawful for the city to cause the same to be done at
the owners expense. For the amount so expended, the city clerk
shall issue an execution against the owner to be collected from the
property belonging to him, and a sale under the execution by the
city clerk shall pass title to the property as fully and completely as
a sale by the sheriff under judgment and execution.
(f) The mayor and council of the city shall have power to
organize one or more work gangs and confine therein persons who
have been sentenced by the recorders court of the City of Calhoun to
work upon the streets or public works of the city, to make rules and
regulations that may be suitable or necessary for the care, manage-
GEORGIA LAWS 1983 SESSION
4715
ment, or control of such work gang, and to enforce such rules and
regulations through their proper officer.
(g) The mayor and council shall have power and authority to
remove or cause to be removed all buildings, porches, steps, fences, or
other obstructions or nuisances in public streets, lanes, alleys, side-
walks, squares, parks, or other public ways in the city; to fill up all
open cellars or excavations in the city or cause the owners to do so;
and to condemn and remove, or cause to be removed, all dilapidated
or unsafe structures which they may consider a nuisance or dangerous
to the health or lives of the people of the city.
Section 1-104. Construction of powers. The powers of
this city shall be construed liberally in favor of the city. The specific
mention or failure to mention particular power shall not be construed
as limiting in any way the powers of the city.
Section 1-105. Boundaries; official map. The corporate
boundaries of the city shall be the same as those of the City of
Calhoun as provided by law and existing immediately prior to the
effective date of this charter or as hereafter lawfully changed. The
clerk of council 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 clerk
of council 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.
Chapter 2.
Chapter 3.
Chapter 4.
General Provisions
Powers of the Mayor and Council
Mayor and Mayor Pro Tempore
Organization and Procedure
CHAPTER 1
General Provisions
Section 2-101. Creation; number; term of office.
Section 2-102. Qualifications of office.
Section 2-103. Compensation.
4716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2-101. Creation; number; term of office. There
shall be a mayor and council composed of the mayor and four council
members elected as provided in Article III of this charter for two-year
staggered terms of office.
Section 2-102. Qualifications of office, (a) To be eligi-
ble for election or appointment as mayor, a person, at the time of
election or appointment, must:
(1) Have attained the age of 25 years;
(2) Have resided in the city for two years immediately
preceding the date of election or appointment and must continue
in such residence during the term of office;
(3) Be a qualified elector of the city; and
(4) Meet any other requirements as may be established by
general state law.
(b) To be eligible for election or appointment as a council
member, a person, at the time of election or appointment, must:
(1) Have attained the age of 25 years;
(2) Have resided in the city for two years immediately
preceding the date of election or appointment 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. The mayor and council
members shall receive, as compensation for their services, an amount
fixed by ordinance as authorized by general state law. In addition, the
mayor and council members shall be paid expenses incurred in the
performance of their official duties according to policy established by
ordinance.
GEORGIA LAWS 1983 SESSION
4717
CHAPTER 2
Powers of the Mayor and Council
Section 2-201.
Section 2-202.
Section 2-203.
Section 2-204.
Legislative powers.
Execution of powers.
Independent audits.
Inquiries and investigations.
Section 2-201. Legislative powers. The municipal gov-
ernment 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 execu-
tion of all powers, functions, rights, privileges, duties, and immunities
of the city, its officers, agencies, or employees, granted by this charter
or by state law.
Section 2-203. Independent audits. The mayor and coun-
cil 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 produc-
tion of evidence in the same manner as the Superior Court of Gordon
County. Any person who fails or refuses to obey a subpoena issued in
the exercise of this power by the mayor and council may be held in
contempt by a majority vote of all council members and punished as
provided for contempt of recorders court. Appeal to the Superior
Court of Gordon County from a council contempt conviction shall be
allowed as for any conviction in the recorders court.
4718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER 3
Mayor and Mayor Pro Tempore
Section 2-301. Mayor; powers and duties.
Section 2-302. Mayor pro tempore; election;
term; duties.
Section 2-301. Mayor; powers and duties. The mayor
shall be the chief executive officer of the city and shall have general
supervision over its affairs. The mayor shall:
(1) See that the laws and ordinances of the city are faith-
fully carried out and executed within the city;
(2) Sign all deeds and contracts, except deeds made for
property sold under execution at public sale which shall be signed
by the clerk of the city;
(3) Exercise the veto power as hereinafter set out;
(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; and
(8) Perform such other duties as required by the council.
Section 2-302. Mayor pro tempore; election; term;
duties. At the annual organizational meeting, the mayor and council
shall appoint by a majority vote from among its members a mayor pro
tempore who shall assume the duties and powers of the mayor during
the mayors absence, disqualification, sickness, or disability but oth-
erwise shall have all the same powers and duties as other council
members. In the event both the mayor and mayor pro tempore are
unable for any cause to fulfill the duties of their office, the council
members other than the mayor, by majority vote, shall elect a
GEORGIA LAWS 1983 SESSION
4719
successor mayor pro tempore to serve during the absence or disability
of the mayor.
CHAPTER 4
Organization and Procedure
Section 2-401.
Section 2-402.
Section 2-403.
Section 2-404.
Section 2-405.
Section 2-406.
Annual organizational meeting.
Rules, quorum; voting; journal
of minutes.
Meetings; regular and special.
Introduction, consideration,
and enactment of legislation.
Mayors veto; overriding veto.
Codes of technical regulations.
Section 2-401. Annual organizational meeting, (a) The
mayor and council members shall meet for organization and
swearing-in ceremonies not later than 60 days following each regular
municipal election or, if that date is a legal holiday, on the next
following day not a legal holiday.
(b) At this meeting, the newly elected or reelected mayor and
council members shall each qualify to take office by taking the
following oath of office:
I do solemnly swear (or affirm) that I will truly perform to
the best of my abilities the duties of (mayor or council member, as
the case may be) by adopting and enforcing such measures as in
my judgment shall be best calculated to promote the general
welfare of the inhabitants of the City of Calhoun and the common
interest thereof.
The oath of the mayor shall be administered by the outgoing mayor
or, in his absence or refusal to administer such oath, by the city clerk.
The oath of the council members shall be administered by the mayor.
The oaths shall be entered upon the minutes of the city.
(c) At the annual organizational meeting, the newly reorganized
mayor and council shall make any appointments and selections as
may be required by this charter or by ordinance.
(d) A special meeting may be called to install any member
elected by a special election or otherwise appointed to the mayor and
council.
4720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2-402. Rules, quorum; voting; journal of min-
utes. (a) The mayor and council, by a motion approved by a
majority vote of all members, may adopt any rules of procedure and
order of business or amendments thereto that are consistent with this
charter and ordinances of the city.
(b) A quorum for all mayor and council meetings shall consist of
the mayor or mayor pro tempore and any two council members, and
no business shall be transacted by the mayor and council in the
absence of a quorum except to adjourn from time to time.
(c) All actions of mayor and council shall require the affirmative
vote of a majority of the council members present unless otherwise
required by this charter. The mayor shall be entitled to vote only in
case of a tie vote.
(d) A journal of minutes shall be maintained, and every official
action of the mayor and council shall be recorded therein. The
journal shall be a public record. Any council member may require the
recording of yeas and nays of each member in the journal for any votes
taken by the mayor and council.
Section 2-403. Meetings; regular and special, (a) The
mayor and council shall fix the date and time of regular meetings of
the mayor and council by ordinance, and there shall be at least two
regular meetings 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 members
presence or with his or her prior knowledge. Except by majority vote
of the council members attending the special meeting, only the
business stated in the call may be transacted at the special meeting;
and no action at a special meeting shall be valid unless the require-
ments of this section are met.
GEORGIA LAWS 1983 SESSION
4721
(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 fully as is reasonably possible prior to the
meetings.
Section 2-404. Introduction, consideration, and enact-
ment of legislation, (a) Every official act of the mayor and
council which is to become law shall be by ordinance and shall begin
with the words: The Mayor and Council of the City of Calhoun,
Georgia, hereby ordains. 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.
Section 2-405. Mayors veto; overriding veto. Every
ordinance or resolution adopted by the council shall be certified by
the city clerk and presented to the mayor within two business days
following its adoption. The mayor shall approve or veto the ordinance
or resolution within five business days after adoption, and no ordi-
nance or resolution shall become effective without his approval
except as herein provided. If the mayor vetoes an ordinance or
resolution, he shall, within two business days of such veto, return it to
the council accompanied by a written statement of the reasons for his
veto. If the council shall pass the ordinance and resolution by a vote
of three of its members at the regular meeting next held after the
ordinance or resolution has been returned with the mayors veto, it
shall become law without his approval. In the event the mayor does
not approve or veto the ordinance or resolution within the time
required, it shall become law without his approval.
Section 2-406. Codes of technical regulations, (a) The
mayor and council may adopt any standard code of technical regula-
tions by reference thereto in an adopting ordinance. The procedure
and requirements governing the adopting ordinance shall be as
prescribed for ordinances generally.
(b) Any requirements for distribution and filing of copies of the
ordinance shall be construed to include copies of any code of technical
regulations, as well as the adopting ordinance.
4722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) A copy of each adopted code of technical regulations, as well
as the adopting ordinance, shall be authenticated and recorded by the
clerk of council.
(d) Copies of any adopted code of technical regulations shall be
made available by the clerk of council for distribution or for purchase
by the public at a reasonable price.
ARTICLE III
Election and Removal
Chapter 1. Conduct of Elections
Chapter 2. Vacancies and Removal from Office
CHAPTER 1
Conduct of Elections
Section 3-101. Applicability of general laws.
Section 3-102. Regular elections; time for
holding; manner of election;
voting posts; nonpartisan
elections.
Section 3-101. Applicability of general laws. All munici-
pal general or special elections and primaries shall be held and
conducted in accordance with the Georgia Municipal Election Code,
Chapter 3 of Title 21 of the O.C.G.A., as now or hereafter amended.
Section 3-102. Regular elections; time for holding;
manner of election; voting posts; nonpartisan elec-
tions. (a) The annual municipal election for the mayor and council
members whose terms expire shall be held on the third Wednesday in
November of each year.
(b) The mayor and council members shall be elected from the
city at large. Any person seeking election as a council member shall
qualify for one of four council posts, designated as post numbers 1, 2,
3, and 4. Elections shall be held on the same staggered-term basis in
existence on the effective date of this charter so that at the odd-
numbered year annual municipal election a mayor and two council
members shall be elected and at the even-numbered year annual
election two council members shall be elected. All municipal elec-
GEORGIA LAWS 1983 SESSION
4723
tions shall be nonpartisan and the names of the candidates shall be
listed upon the ballot without party label.
CHAPTER 2
Vacancies and Removal from Office
Section 3-201. Occurrence of vacancies.
Section 3-202. Filling of vacancies.
Section 3-203. Removal and forfeiture of office.
Section 3-201. Occurrence of vacancies. A vacancy in the
office of mayor or council member occurs when a duly elected person
fails to qualify or when a person who has been duly elected and
qualified either dies, resigns, becomes disabled, or forfeits the office,
as provided by this charter. Vacancies shall be filled as is provided by
Section 3-202 of this charter.
Section 3-202. Filling of vacancies. In the event the office
of the mayor or any council member shall become vacant by death,
removal, disqualification, resignation, or other cause, the mayor or, if
said office be vacant, the mayor pro tempore or, if both offices should
be vacant, the remaining council members shall order an election to
fill said vacancy or vacancies for the unexpired term or terms, of
which election at least ten days written notice shall be given by
publication in the official newspaper used for publication of legal
notices and by posting the notice at three public places in the city;
provided, however, that, in the event such vacancy shall occur within
six months from the date of the next regularly scheduled election, the
council may dispense with a special election and fill the vacancy or
vacancies by election at the next regularly scheduled municipal
election.
Section 3-203. Removal and forfeiture of
office, (a) The mayor or any council member shall be subject to
removal from office and the office forfeited for any one or more of the
following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude or a
crime punishable as a felony;
4724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Failure at any time to possess any of the qualifications of
office as provided by this charter or by law;
(4) Willful violation of any express prohibition of this char-
ter;
(5) Abandonment of office or neglect to perform the duties
thereof; or
(6) Failure for any other cause to perform the duties of
office as required by this charter or by law.
(b) Removal of an elected officer provided for in this section
from office may be accomplished by one of the following methods:
(1) By affirmative vote of three members of the mayor and
council. In the event an elected officer is sought to be removed by
the action of the mayor and council, such official shall be first
entitled to a written notice specifying the grounds for removal and
to a public hearing which shall be held not less than 30 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 mayor and council to the Superior
Court of Gordon County for a jury trial. Such appeal shall be
governed by the same rules as govern appeals to the superior court
from the probate court; or
(2) By an information filed in the Superior Court of Gordon
County as provided by Code Section 9-6-64 of the O.C.G.A., as
amended.
ARTICLE IV
Organization and Administration
Chapter 1. General Provisions
Chapter 2. City Officers
Chapter 3. Boards and Commissions
GEORGIA LAWS 1983 SESSION
4725
CHAPTER 1
General Provisions
Section 4-101. City offices, departments,
and agencies.
Section 4-102. Administrative organization.
Section 4-103. Personnel administration.
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 and as prescribed by
administrative regulations of the mayor consistent therewith. 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 adminis-
trative regulations consistent therewith.
Section 4-102. Administrative organization. The mayor
and council may, by ordinance, organize, combine, consolidate, or
discontinue any offices, departments, agencies, or divisions of the city
government as it may from time to time deem desirable and consis-
tent with this charter.
Section 4-103. Personnel administration, (a) The
mayor and council may establish by ordinance a system of personnel
administration for the city. The system shall cover all offices and
positions as prescribed by ordinance.
(b) The system of personnel administration may provide for
classification of positions, the manner and method of publicizing
vacancies, employing and appointing personnel, the qualifications of
employees, employee evaluations and performance, salaries, hours of
employment, vacations, sick leave, special workers compensation
leave, job security, promotion, demotion, disciplinary procedures,
transfer, layoff, removal, welfare of employees, retirement policy,
payment of premiums of employee insurance benefits, grievance
procedures, service awards, training leave, and any other measures
that promote the hiring and retaining of capable, diligent, and honest
career employees.
4726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER 2
City Officers
Section 4-201. City clerk; appointment;
duties; compensation.
Section 4-202. City attorney; appointment;
qualifications; duties;
compensation.
Section 4-201. City clerk; appointment; duties; com-
pensation. (a) The mayor and council shall appoint a city clerk
who shall hold office at their pleasure and until their successors are
elected and qualified.
(b) The city clerk shall be the clerk of the mayor and council;
shall attend all meetings of the mayor and council and the recorders
court 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. The duties required to be performed by the city clerk as
provided in this section may be performed by a representative
designated by the city clerk.
(c) The compensation of the clerk of council shall be fixed by the
mayor and council.
Section 4-202. City attorney; appointment; qualifica-
tions; duties; compensation, (a) The mayor and council shall
appoint a city attorney who shall serve at the pleasure of the mayor
and council.
(b) The city attorney shall be an active member of the State Bar
of Georgia in good standing.
(c) The city attorney shall be legal counsel to the city and shall
perform any other duties as may be provided by ordinance.
(d) The compensation of the city attorney shall be fixed by the
mayor and council.
GEORGIA LAWS 1983 SESSION
4727
CHAPTER 3
Boards and Commissions
Section 4-301. Authority to create.
Section 4-302. Composition; appointment;
removal; bylaws.
Section 4-301. Authority to create. The mayor and coun-
cil may, by ordinance, unless otherwise provided by law, create boards
and commissions which may perform the duties prescribed, includ-
ing, but not limited to, making studies, conducting research and
investigations, holding hearings, preparing recommendations as to
needed ordinances and resolutions, or for any other purposes autho-
rized.
Section 4-302. Composition; appointment; removal;
bylaws, (a) 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; for their peri-
ods 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 perfor-
mance of their official duties. The mayor and council shall have the
authority annually to appropriate money derived from taxation,
contributions, or otherwise for and to boards and commissions to
provide for their operation, either in whole or in part.
(b) 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.
(c) Any member of a board or commission may be removed from
office for cause by a majority vote of all of the council members.
(d) Each board and commission may establish bylaws, rules, and
regulations not inconsistent with this charter, ordinances, or applica-
ble state law as it deems appropriate and necessary for its internal
organization, election of officers, and the conduct of its affairs, copies
of which bylaws, rules, and regulations shall be filed with the city
clerk and approved by the mayor and council prior to their being
effective.
4728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Chapter 1.
Chapter 2.
Chapter 3.
Chapter 4.
Section 5-101.
Section 5-102.
Section 5-103.
Section 5-104.
Section 5-105.
Section 5-106.
Section 5-107.
Section 5-108.
Section 5-109.
Section 5-110.
ARTICLE V
Finance and Fiscal
Taxation and Other Revenue
Borrowing and Indebtedness
Fiscal Control
Purchasing, Contracting, and
Disposition of Property
CHAPTER 1
Taxation and Other Revenue
Ad valorem tax; grant of
authority.
School tax - authority to
levy; amount.
Occupation and business
taxes.
Business licenses; permits;
fees.
Excise taxes; wholesale and
retail dealers.
Insurance premium taxes and
licenses.
Service charges.
Special assessments.
Interpretation; other taxes.
Collection of delinquent
taxes and fees.
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. School tax - authority to levy;
amount, (a) The mayor and council of the city are authorized to
levy a tax annually on the real and personal property in the City of
GEORGIA LAWS 1983 SESSION
4729
Calhoun for the purpose of establishing and maintaining a system of
public schools in the city; provided, however, that the money so raised
shall be used for school purposes.
(b) It shall be the duty of the mayor and council of the city to
levy and collect the taxes provided for in subsection (a) and to keep a
separate record of the same and to disburse such taxes as a monthly
allotment to the credit of the public school fund, which fund shall be
subject to the order of the school board of trustees for the support and
maintenance of the public schools; such taxes shall be collected by
levy and sale as provided by this charter and by the ordinances of the
city.
Section 5-103. Occupation and business taxes. The
mayor and council shall have authority to levy and collect any
occupation and business taxes that are not prohibited by the Consti-
tution and general law of Georgia. These taxes may be levied on any
person, firm, partnership, company, or corporation which transacts
business in the city or which 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 5-110 of this
chapter.
Section 5-104. Business licenses; permits; fees. The
mayor and council, by ordinance, shall have the power and authority
to require any individual, person, firm, partnership, company, or
corporation which transacts business in the city or which practices or
offers to practice any trade, business, calling, avocation, or profession
therein to obtain a license or permit for these activities from the city
and to pay a reasonable fee for the license or permit for the regulation
of any activity not prohibited by general law. These fees may reflect
the total cost to the city of regulating the activity and if unpaid shall
be collected as provided in Section 5-110 of this chapter. The mayor
and council, by ordinance, may establish reasonable requirements for
obtaining or keeping licenses as the public health, safety, and welfare
necessitate, including, but not limited to, denial or revocation for any
violation of federal or state law or city ordinances.
4730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5-105. Excise taxes; wholesale and retail deal-
ers. The mayor and council shall have the authority to impose,
assess, levy, and collect an excise tax upon the sale, transfer, or
dispensing of wine, distilled spirits, and malt beverages by wholesale
and retail dealers within the city.
Section 5-106. Insurance premiums taxes and licenses.
The city shall have power and authority to impose and collect license
fees and taxes on life insurance companies in the manner provided by
Code Section 33-8-8 of the O.C.G.A., as amended, and on fire and
casualty insurance companies as provided by law or ordinance.
Section 5-107. Service charges. The mayor and council, by
ordinance, shall have the authority to assess and collect fees, charges,
and tolls for water, sewer, sanitary and health services, or any other
services rendered within and without the corporate limits of the city.
If unpaid, these charges or fees shall be collected as provided in
Section 5-110 of this chapter.
Section 5-108. Special assessments. The mayor and
council, by ordinance, shall have the authority to assess and collect
the cost of constructing, reconstructing, widening, or improving any
public way, street, sidewalk, curbing, gutters, sewers, drainage struc-
tures, or other utility mains and appurtenances from the abutting
property owners under any terms and conditions as are reasonable. If
unpaid, these charges shall be collected as provided in Section 5-110
of this chapter.
Section 5-109. Interpretation; other taxes. The mayor
and council shall be empowered to levy any other tax now or hereafter
authorized by state law; and the specific mention of any right, power,
or authority in this chapter shall not be construed as limiting in any
way the general powers of the city to govern its local affairs.
Section 5-110. Collection of delinquent taxes and fees.
The mayor and council, by ordinance, may provide for the collection
of delinquent taxes, fees, or other revenue due the city pursuant to
authority granted by this charter or by the Constitution and general
laws of Georgia or by any other authority not precluded by the
Constitution and general laws of Georgia. This authority shall
include providing for the dates when the taxes, fees, or other revenues
are due; late penalties or interest; issuance and execution of fi. fas.;
creation and priority of liens; making delinquent taxes, fees, and
GEORGIA LAWS 1983 SESSION
4731
other revenues personal debts of the persons required to pay the
taxes, fees, or other revenues imposed; revoking city licenses for
failure to pay any city taxes, fees, or other revenues; allowing excep-
tions for hardship; providing for the assignment or transfer of execu-
tions and collection of transferred executions; and 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.
Section 5-202.
Section 5-203.
Section 5-204.
General obligation bonds.
Revenue bonds.
Short-term notes.
Improvement bonds.
Section 5-201. General obligation bonds. The mayor and
council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized by
this charter or by the Constitution and general laws of the state. This
bonding authority shall be exercised in accordance with state laws
governing bond issuances by municipalities in effect at the time the
issue is undertaken.
Section 5-202. Revenue bonds. Revenue bonds may be
issued by the mayor and council as now or hereafter authorized by
state law.
Section 5-203. Short-term notes. The mayor and council
may issue short-term notes as now or hereafter authorized by state
law.
Section 5-204. Improvement bonds, (a) In order to
facilitate the financing of any municipal improvements authorized by
law, the mayor and council shall have authority to issue bonds of the
city in the aggregate amount of assessment for the improvement then
unpaid, which bond or bonds and the interest thereon shall in no
event become a liability of the city or of the mayor and council issuing
them.
(b) These bonds shall mature at a date and bear an interest rate
as the council may determine by ordinance but in no event shall the
rate of interest exceed that which the assessments are to bear.
4732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) These bonds shall be signed by the mayor and attested by the
clerk of council, shall have the impression of the corporate seal of the
city thereon, and shall be payable at a place designated by ordinance.
(d) These bonds shall be designated as improvement bonds and
shall, on the face thereof, recite the nature and location of the
improvement for which they have been issued and shall recite that
they are payable solely from assessments which have been levied
upon the lots and tracts of land abutting upon or being the situs of the
improvement made.
(e) These bonds shall be sold at not less than par, and the
proceeds thereof shall be 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 improve-
ment 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.
Section 5-302.
Section 5-303.
Section 5-304.
Fiscal year; municipal budget
preparation and submission.
Municipal appropriations;
ordinance required.
Supplementary appropriations.
Deficits.
Section 5-301. Fiscal year; municipal budget prepara-
tion and submission, (a) The mayor and council shall establish
a fiscal year for the city and all its agencies by ordinance unless
otherwise provided by state or federal law.
(b) The mayor and council shall prescribe by ordinance the
procedure for the preparation and submission of an annual operating
budget and of a capital improvements program and capital budget of
the city.
GEORGIA LAWS 1983 SESSION
4733
Section 5-302. Municipal appropriations; ordinance
required, (a) The mayor and council shall annually appropriate
by ordinance the funds necessary to operate all the various agencies
and departments and to meet the expenses of the city for the next
fiscal year as provided in the municipal budget.
(b) The mayor and council shall not appropriate funds for any
given fiscal year which, in aggregate, exceed a sum equal to the
amount of unappropriated surplus expected to have accrued in the
city treasury at the beginning of the fiscal year, together with an
amount not greater than the total municipal receipts from existing
revenue sources anticipated to be collected in the fiscal year, less
refunds, as estimated in the budget report and amendments thereto.
(c) All appropriated funds, except for the mandatory appropri-
ations required by law and those required to meet contractual obliga-
tions or the continued appropriation and authorization of state or
federal grants, remaining unexpended and not contractually obli-
gated at the expiration of the municipal appropriations ordinance
shall lapse.
Section 5-303. Supplementary appropriations, (a) In
addition to the appropriations made by the municipal appropriations
ordinance and amendments thereto, the mayor and council may make
additional appropriations which shall be known as supplementary
appropriations ordinances, provided no supplementary appropri-
ation shall be made unless there is an unappropriated surplus in the
city treasury or the revenue necessary to pay the appropriation has
been collected into the general fund of the city treasury.
(b) In no event shall a supplementary appropriations ordinance
continue in force and effect beyond the expiration of the municipal
appropriations ordinance in effect when the supplementary appropri-
ations ordinance was adopted and approved.
Section 5-304. Deficits. If at any time during the year
expenditures exceed revenues and a deficit is created, it shall be the
duty of the mayor and council, before appropriating any other sum for
any other purpose, to appropriate a sufficient sum to discharge
immediately any such deficit which has occurred.
4734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER 4
Purchasing, Contracting, and Disposition of Property
Section 5-401. Contracting procedures.
Section 5-402. Purchasing procedures.
Section 5-401. Contracting procedures. The mayor and
council shall prescribe by ordinance the procedures to be followed in
the making of contracts which shall bind the city. All contracts and
all ordinances which shall make or authorize contracts shall be
approved as to form by the city attorney. The mayor shall sign and
authorize all contracts. The city clerk shall authenticate all contracts.
The original of all contracts shall be maintained on file in the office of
the city clerk.
Section 5-402. Purchasing procedures. The mayor and
council shall prescribe by ordinance the procedures for all purchases
of real and personal property by the city. Competitive bidding shall
be required for purchases and contracts and awards shall be made to
the lowest or best bidder, provided the mayor and council by ordi-
nance may authorize the purchase of goods, materials, supplies,
equipment, and services without the receipt of formal sealed bids
where the price does not exceed a specified dollar amount. Prior to
the making of purchases and contracts, the availability of adequate
funds shall be certified as provided by ordinance.
ARTICLE VI
Recorders Court
Section 6-101.
Section 6-102.
Section 6-103.
Section 6-104.
Section 6-105.
Section 6-106.
Section 6-107.
Recorders court created;
presiding officer.
Penalty for violation of
laws, ordinances.
Authority of recorder same
as justice of the peace.
Sentence for contempt.
Warrants; form, scope,
execution; recorders
authority to hear evidence,
grant bond.
Witnesses.
Ministerial officers of
recorders court;
attendance, duties.
GEORGIA LAWS 1983 SESSION
4735
Section 6-108. Certiorari; costs; bond
required; failure to give
bond.
Section 6-109. Hearing on certiorari;
notice; costs; forfeiture
of bond.
Section 6-101. Recorders court created; presiding
officer, (a) There is created a recorders court for the trial of the
offenses and offenders against the laws and ordinances of the city.
The recorders court shall be presided over by the mayor if he deems
it to the best interest of the city to do so. However, if the mayor in his
sole discretion determines that he does not desire to preside over the
court, he shall so advise the council at any special or regular meeting,
at which time they shall appoint a city recorder for the ensuing year
and until his successor is appointed and qualified. When so
appointed and qualified as provided in this section, the city recorder
shall have full authority as judge of the court for the administration of
its affairs. Any recorder so appointed shall be subject to removal,
with or without any stated cause, upon a majority vote by the mayor
and council.
(b) The recorders salary shall be fixed by the mayor and council,
and the recorder shall take such oath as may be prescribed by the
mayor and council.
(c) Any vacancy in the office of city recorder by reason of death,
resignation, removal, or other reason shall be filled by appointment of
the mayor and council. In his disqualification or absence, the mayor
or mayor pro tempore may hold the court and may exercise all the
powers conferred by law or this charter upon the recorder.
Section 6-102. Penalty for violation of laws, ordi-
nances. The recorder or any authorized presiding officer of the
recorders court may punish for any violation of a city ordinance or
law by fine not to exceed $1,000.00, by imprisonment not to exceed 12
months, by work in the work gang on the public streets or on such
public works as the authorities may employ the work gang not to
exceed 30 days, or by any one or more of these punishments in the
discretion of the recorder or presiding officer of said court.
Section 6-103. Authority of recorder same as justice of
the peace. The recorder shall to all intents and purposes be the same
4736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as 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 the county jail of Gordon County, or to admit them to
bail, in bailable cases, for their appearance at the next term of the
court of competent jurisdiction to be held in and for said county.
Section 6-104. Sentence for contempt. When sitting in a
court as a recorder, the judge or presiding officer thereof shall have
the power to punish for contempt by fine not exceeding $100.00, by
imprisonment in the manner prescribed in Section 6-102 of this
chapter not exceeding 30 days, or by one or both or any part thereof in
the discretion of the presiding officer.
Section 6-105. Warrants; form, scope, execution;
recorders authority to hear evidence, grant bond, (a) The
recorder shall be authorized to issue warrants for any offense under
any law or ordinance of the City of Calhoun 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 is one against
any law or ordinance of the City of Calhoun, the arresting officer shall
carry the same before the recorders court, where same shall be
disposed of as other cases of arrest not under warrant.
(b) All warrants issued by the recorder or anyone authorized to
preside in the recorders court shall be directed to the chief of police
of the City of Calhoun, 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.
Section 6-106. Witnesses. The recorder or any authorized
presiding officer of the recorders court shall have power and author-
ity to subpoena witnesses to attend the recorders court under the
same rules and regulations that regulate and govern the superior
courts of this state, to compel attendance, and to punish any witness
who has been duly subpoenaed and fails to attend under the provi-
sions heretofore provided for contempt.
Section 6-107. Ministerial officers of recorders court;
attendance, duties. The ministerial officers of the recorders court
GEORGIA LAWS 1983 SESSION
4737
shall be the policemen of the city to whom all mesne and final
processes shall be directed. The officers or a sufficient number shall
attend the sessions of the court for the purpose of executing the
orders of said court and shall do and perform such duties connected
with the court as may be required of them.
Section 6-108. Certiorari; costs; bond required; failure
to give bond, (a) Any person convicted before the recorder or other
presiding officer of the recorders court shall have the right to petition
the Superior Court of Gordon County for issuance of a writ of
certiorari, provided all costs are first paid and bond and security
given in double the amount of the fine imposed to answer the final
judgment rendered in the case.
(b) Nothing in this section shall prevent the defendant who
desires to obtain a writ of certiorari therefor from the superior court
from doing so; provided, however, that the applicant failing to give
bond and security may, in the discretion of the recorder, be placed in
the city prison or county jail to await the final judgment of the appeal.
Nothing in this section shall be construed to prevent any person
convicted in the recorders court of a violation of any ordinance of the
city from petitioning for a writ of certiorari directly to the superior
court in accordance with provisions of state law in such cases.
Section 6-109. Hearing on certiorari; notice; costs; for-
feiture of bond, (a) The judge of the superior court who grants
certiorari may hear the appeal after giving notice to each party or his
attorney of the time and place of hearing, the mayor 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.
(b) The mayor and council shall pass ordinances regulating the
costs for appeals and certiorari and for the forfeiture of all bonds.
ARTICLE VII
School Board
Section 7-101.
Section 7-102.
Section 7-103.
Section 7-104.
School board; composition,
terms, qualifications.
Organization of board.
Authority of board.
Authorization of receipt
of money for schools.
4738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7-105. Annual operating and
capital budgets.
Section 7-101. School board; composition, terms, quali-
fications. (a) The board of education of the schools of the City of
Calhoun shall consist of five members to be chosen from the citizens
of the city for a term of two years from the date of their election on the
same staggered-term basis in existence on the effective date of this
charter so that three members are elected at one annual election and
two members are elected at the next annual election. The annual
election for members of the board of education of the schools of the
city shall be held on the third Wednesday in November of each year.
(b) All vacancies occurring on the board by death, resignation, or
disqualification shall be filled for the remainder of the unexpired
term by election of the board of education of the city, at such times
and under such rules as they may prescribe.
(c) The members of said board shall have resided in the City of
Calhoun for two years immediately preceding the date of their
election and shall be 25 years of age or older and of good moral
character.
Section 7-102. Organization of board. The officers of the
board of education of the school system shall consist of a president,
vice-president, and secretary. The officers shall be elected in such
manner and at such times as said board of education may determine,
and said board shall prescribe the duties of its officers. The
appointed local school superintendent shall serve as executive secre-
tary and treasurer for the school board.
Section 7-103. Authority of board. The school board of
education shall regulate and from time to time modify and enlarge the
system of public schools for the City of Calhoun. The board shall
have authority to purchase sites, erect buildings, rent buildings, to
purchase appurtenances and furniture for school purposes, to employ
teachers, to suspend or discharge them for good cause, to prescribe
the terms upon which students are to be received in the schools, and
to establish such rules, regulations, and bylaws as they deem right and
proper in maintaining a system of public schools in the city.
Section 7-104. Authorization of receipt of money for
schools. The State Department of Education and the State School
GEORGIA LAWS 1983 SESSION
4739
Superintendent are authorized to pay the treasurer of the Calhoun
City Board of Education all school funds due the city school system
through the adequate program of education or through any other laws
and regulations set forth by the legislature or by the Constitution of
the State of Georgia for distribution of funds for public schools. This
section shall apply so long as public schools are maintained in the City
of Calhoun as an independent school system.
Section 7-105. Annual operating and capital budgets.
The school board of education shall submit to the mayor and council
at a regularly scheduled council meeting an annual operating and
capital budget to be funded from local sources of revenue. The mayor
and council shall not be authorized to adopt the budget submitted by
the school board of education until at least the next regular council
meeting following the date of submission.
ARTICLE VIII
General Provisions
Section 8-101.
Section 8-102.
Section 8-103.
Section 8-104.
Section 8-105.
Section 8-106.
Section 8-107.
Section 8-108.
Section 8-109.
Terms of present officers.
Ordinances and regulations.
Contracts and obligations;
proceeding.
Section captions; rules of
construction.
City officers and employees.
Severability.
Specific repealer.
Effective date.
Standard repealer.
Section 8-101. 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 provided in this charter.
Section 8-102. Ordinances and regulations. Existing
ordinances, resolutions, rules, and regulations of the city and its
agencies now lawfully in effect and not inconsistent with the provi-
sions of this charter shall remain effective until they have been
repealed, modified, or amended.
4740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8-103. Contracts and obligations; proceed
ing. (a) All contracts, orders, leases, bonds, and other obligations
or instruments entered into by the city or for its benefit prior to the
effective date of this charter shall continue in effect according to the
terms thereof as obligations and rights of the city.
(b) No action or proceeding of any nature, whether civil or
criminal, judicial or administrative, or otherwise, pending at the
effective date of this charter by or against the city or its departments
and agencies shall be abated or otherwise affected by the adoption of
this charter.
(c) The existing agency and departmental organization of the
city shall continue in effect upon the effective date of this charter
until such organization is changed or reorganized as provided by
ordinance of the mayor and council and administrative regulations
consistent therewith.
Section 8-104. Section captions; rules of construe
tion. (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 Calhoun, Georgia.
(2) County: The words the county or this county shall
mean the County of Gordon, Georgia.
(3) Gender: A word importing the masculine gender only
shall extend and be applied to females and to firms, partnerships,
and corporations as well as to males.
(4) Governing body or governing authority: The words
governing body or governing authority shall mean the mayor
and council of the City of Calhoun, Georgia.
GEORGIA LAWS 1983 SESSION
4741
(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, commissions, departments, etc., by title
only, i.e., mayor, city council, clerk of council, they shall be
deemed to refer to officials of the City of Calhoun, 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 8-105. 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 pro/ided, then as otherwise
provided by this charter or ordinance.
Section 8-106. 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 remain-
ing parts of this Act if it had known that such part or parts hereof
would be declared or adjudged invalid or unconstitutional.
Section 8-107. Specific repealer. An Act providing a new
charter for the City of Calhoun, approved April 9,1963 (Ga. L. 1963,
p. 3120), as amended by an Act approved April 18,1969 (Ga. L. 1969,
4742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
p. 2997), by an Act approved March 27, 1972 (Ga. L. 1972, p. 2429),
and by an Act approved March 21, 1974 (Ga. L. 1974, p. 2241), is
repealed in its entirety.
Section 8-108. Effective date. This Act shall become effec-
tive upon its approval by the Governor or upon its becoming law
without his approval.
Section 8-109. Standard 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
1983 Session of the General Assembly of Georgia, local legislation in
the form of a bill to create a new charter for the City of Calhoun, and
for other purposes.
J. C. Maddox
Representative,
7th District
Georgia, Gordon County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, J. C. Maddox who, on oath, deposes
and says that he is Representative from the 7th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Calhoun Times which is the official organ of
Gordon County, on the following dates: December 22 and 29, 1982
and January 5,1983.
/s/ J. C. Maddox
Representative,
7th District
GEORGIA LAWS 1983 SESSION
4743
Sworn to and subscribed before me,
this 15th day of January, 1983.
/s/ Mary Free
Notary Public, Georgia State at Large.
My Commission Expires 3-28-84.
(Seal).
Approved April 8, 1983.
4744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ACTIONS OF COUNTY
GOVERNING AUTHORITIES
PURSUANT TO
CONSTITUTIONAL AMENDMENT
PROVIDING
HOME RULE FOR COUNTIES
GEORGIA LAWS 1983 SESSION
4745
BLECKLEY COUNTYSMALL CLAIMS
COURTCOMPENSATION FOR JUDGE.
Resolution
Whereas, the legislature of the State of Georgia passed an Act
known as Courts of Limited Jurisdiction Compensation Act of
1982 (Georgia Laws 1982, page 1737) in which Section 4(a) pro-
vides, The governing authority of each county of this state in
which there is a court in which the judge of said court is com-
pensated, in whole or in part, by fees charged and collected for
the performance of the duties of said court shall prior to July 1,
1982, elect to provide compensation for the judges of the courts
of limited jurisdiction on a salary basis; and
Whereas, pursuant to Section 7 of the Courts of Limited Ju-
risdiction Compensation Act of 1982, the Judge of the Small
Claims Court of Bleckley County, Georgia, has been designated
as a full-time judge by the Chief Judge of the Superior Court of
Bleckley County; and
Whereas, pursuant to Section 7 of the Court of Limited Ju-
risdiction Compensation Act of 1982, the Justice of the Peace
of the Cochran Militia District, being No. 386, has been desig-
nated a parttime judge by the Chief Judge of the Superior Court
of Bleckley County;
The governing authority of the County of Bleckley acting
under the laws of the State of Georgia as set out in the Courts
of Limited Jurisdiction Compensation Act of 1982 (Georgia
Laws 1982, page 1737) adopts the following resolutions:
(1) The judge of the Small Claims Court of Bleckley County,
Georgia, having been designated a full-time judge pursuant to
law, shall be paid an annual salary of $13,500 effective July 1,
1982, payable in equal monthly installments.
(2) The Justice of the Peace of the Cochran Militia District,
being No. 386, having been designated as a parttime judge pur-
suant to law, shall be paid an annual salary of $7,000 effective
July 1, 1982, payable in equal monthly installments.
4746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) The Judge of the Small Claims Court of Bleckley County,
Georgia, and the Justice of the Peace of the Cochran Militia Dis-
trict, being No. 386, shall charge and collect for the official du-
ties performed by said courts the same fees as are provided by
law, but any and all such fees so collected shall be the property
of Bleckley County and shall be paid into the County Treasury
as provided by an Act approved March 10, 1964 (Georgia Laws
1964, Page 337).
(4) Expenses for additional personnel, equipment, supplies,
and other necessary and reasonable expenses for the operation
of said courts of limited jurisdiction shall be paid out of such
funds as shall be budgeted by the county governing authority for
the operation of such courts of limited jurisdiction.
In witness whereof, the undersigned as Sole Commissioner for
the County of Bleckley, has adopted the foregoing resolutions on
the dates indicated below.
Approved, this 7th day of June, 1982.
/s/ Jackie Holder, as Sole
Commissioner of
Bleckley County, Georgia
Approved, this 14th day of June, 1982.
/s/ Jackie Holder, as Sole
Commissioner of
Bleckley County, Georgia
Filed this 16th Day of June, 1982.
Bleckley County, Georgia.
/s/ Dianne Brown
Deputy Clerk, Superior Court
Order
Pursuant to an Act known as Courts of Limited Jurisdiction
Compensation Act of 1982 (Georgia Laws 1982, Page 1737) re-
quiring the Chief Judge of Bleckley County, Georgia, to desig-
GEORGIA LAWS 1983 SESSION
4747
nate full-time and parttime judges of courts of limited jurisdic-
tion in Bleckley County, Georgia, and after considering the
factors required by said Act in deciding and designating full-
time and parttime judges of courts of limited jurisdiction in
Bleckley County, Georgia, it is
Ordered that
(1) The Judge of the Small Claims Court of Bleckley County,
Georgia, being at present Dewey M. Brown, who is certified by
the Georgia Justice Courts Training Council in accordance with
Georgia Laws 1978, page 894, is hereby designated as a full-time
judge; and
(2) The Justice of the Peace for the Cochran Militia District,
being No. 386, who at present is F. Gene Horne, who is certified
by the Georgia Justice Courts Training Council in accordance
with Georgia Laws 1978, page 894, is hereby designated as a
parttime judge.
(3) The above designations shall continue until further order
of the Court.
This 7th day of June, 1982.
/s/ Hugh Lawson, Chief Judge
Bleckley Superior Court
Filed this 28th Day of June, 1982.
Bleckley County, Georgia.
/s/ Dianne Brown
Deputy Clerk, Superior Court
Notice
State of Georgia
County of Bleckley
Pursuant to Georgia Laws 1982, page 1737, an Act entitled
Courts of Limited Jurisdiction Compensation Act of 1982 has
been implemented by the Commissioner of Bleckley County.
4748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The Judge of the Small Claims Court of Bleckley County has
been designated as a full-time judge by the Chief Judge of
Bleckley County and the Justice of the Peace of General Militia
District 386 has been designated as a parttime judge by the
Chief Judge of Bleckley County. The Resolution implementing
Plan A of said Act, establishing annual salaries, and requiring
all funds collected as fees for official duties performed by said
courts of limited jurisdiction to be paid into the County Trea-
sury, is on file in the Office of the Clerk of the Superior Court of
Bleckley County, Georgia.
Jackie Holder, Commissioner
State of Georgia
County of Bleckley
Affidavit of Publisher
Personally appeared before the undersigned officer authorized
to administer oaths Mrs. Jewell L. NeSmith, who on oath de-
poses and says:
That she is President of Bleckley Publishing Company, Inc.,
which publishes The Cochran Journal, a newspaper of Bleckley
County, Georgia, which is the official organ of said county.
That deponent is the editor and publisher of the Cochran
Journal.
That on June 16, June 23, and June 30, 1982, a legal adver-
tisement appeared in The Cochran Journal advertising public
notice of the fact that the governing authority of Bleckley
County, Georgia, had implemented a resolution adopting Plan A
of the Courts of Limited Jurisdiction Compensation Act of 1982
in Bleckley County establishing annual salaries for Judges of
Courts of limited jurisdiction in Bleckley County and said notice
contained a provision that the resolution implementing said act
was on file in the office of the Clerk of the Suprerior Court of
Bleckley County, Georgia.
/s/ Mrs. Jewell L. Nesmith
GEORGIA LAWS 1983 SESSION
4749
Sworn to and subscribed before me this 7th day of September,
1982.
/s/ W. Lonnie Barlow
Notary Public, State of Georgia
My Commission Expires: 8-1-1983
Notarial Seal
Filed in the Office of the Secretary of State September 10,
1982.
BUTTS COUNTYAUDIT OF COUNTY
BOOKS, ETC.PROVISIONS CHANGED.
Resolution
A Resolution of the Butts County Board of Commissioners of
the State of Georgia, to repeal an Act entitled An Act to amend
an Act entitled An Act to create a Board of Commissioners of
Road and Revenues for Butts County, Georgia; to provide for
the election of members of the same and their qualifications; to
define their powers and duties; to repeal conflicting laws; and for
other purposes. , approved February 24, 1941 (Ga. L. 1941, p.
793), as amended by an Act approved February 22, 1943 (Ga. L.
1943, p. 841), and Act approved February 1, 1946 (Ga. L. 1946,
P. 239), and an Act approved February 4, 1949 (Ga. L. 1949, P.
191), so as to require, authorize and direct the Board of Com-
missioners of Roads and Revenues for Butts County, Georgia to
have all of the books, files and records of the various county of-
ficers of the county audited by some certified public accountant
licensed in the State of Georgia at least once every six months;
to provide for the costs and expenses of such audits; to provide
the procedure connected therewith; to repeal conflicting laws;
and for other purposes, which law appears in Ga. L. 1961, p.
2011 et seq.; to repeal same in order that the general law of the
State of Georgia as relates to audits of county books, files and
4750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
records as shown in Ga. L. 1980, p. 1738 et seq. shall apply to
the various county officers of Butts County, Georgia.
Be it Ordained by the Board of Commissioners of Butts
County, Georgia, and it is hereby ordained by the authority of
the same as follows:
Section 1. The Act of the Georgia General Assembly entitled
An Act to amend an Act entitled An Act to create a Board of
Commissioners of Roads and Revenues for Butts County, Geor-
gia; to provide for the election of members of the same and their
qualifications; to define their powers and duties; to repeal con-
flicting laws; and for other purposes., approved February 24,
1941 (Ga. L. 1941, p. 793), as amended by an Act approved Feb-
ruary 22, 1943 (Ga. L. 1943, p. 841), an Act approved February
1, 1946 (Ga. L. 1946, p. 239), and an Act approved February 4,
1949 (Ga. L. 1949, p. 191), so as to require, authorize and direct
the Board of Commissioners of Roads and Revenues for Butts
County, Georgia to have all of the Books, files and records of the
various county officers of the county audited by some certified
public accountant licensed in the State of Georgia at least once
every six months; to provide for the costs and expenses of such
audits; to provide the procedure connected therewith; to repeal
conflicting laws; and for other purposes. is hereby repealed.
Section 2. This Resolution is adopted by the Board of Com-
missioners of Butts County, Georgia, pursuant to the provisions
of the Constitution of the State of Georgia, providing for home
rule for counties which appears in Ga. L. 1965, p. 752 et seq. and
which established Section II-A of the Article XV of the Consti-
tution of the State of Georgia.
Section 3. This Resolution shall become effective when a no-
tice containing a synopsis hereof and stating that a copy hereof
is on file in the office of the Clerk of the Superior Court of Butts
County for the purposes of examination and inspection by the
public shall have been published in the Jackson Progress-Argus,
the official gazette of the County, once a week for three weeks
immediately preceeding its final adoption; the same shall have
been adopted by two regular consecutive meetings of the Board
of Commissioners of Butts County not less than sixty days
apart, and a certified copy thereof shall have been filed with the
GEORGIA LAWS 1983 SESSION
4751
Secretary of State of Georgia all in compliance with the provi-
sions of the Constitution of the State of Georgia.
Section 4. All ordinances or parts thereof in conflict herewith
are hereby repealed.
This Resolution being adopted at a Regularly scheduled meet-
ing on the Board of Commissioners of Butts County on the 5th
day of April, 1982 and also at a regularly scheduled meeting of
said Board on the 3rd day of May, 1982, it being required by the
Constitution of the State of Georgia under the Home Rule pro-
visions which appears in Ga. Laws 1965, P. 752 et seq. that such
Resolutions be adopted at two regularly scheduled meetings on
said Board of Commissioners of Butts County, the governing au-
thority of the County of Butts. This Resolution being adopted
after a synopsis of this Resolution was published in the Jackson
Progress-Argus Newspaper, the official gazette of said County,
once a week for three weeks prior to its adoption, with a copy of
this Resolution having been made available to the public by
placing a copy of same with the Clerk of the Superior Court of
Butts County, Georgia.
Butts County Board of Commissioners
By: /s/ D. W. Bailey
Chairman
/s/ Newin L. Duffey
Member
Affidavit
State of Georgia
County of Butts
Personally appeared before the undersigned attesting officer,
W. Herman Cawthon, who, after first being duly sworn, states as
follows:
1.
Affiant is the Publisher of the Jackson Progress-Argus, the of-
ficial gazette of Butts County, Georgia.
4752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2.
Affiant states that the notice shown on the attached Exhibit
A was published in the Jackson Progress-Argus once a week
for three weeks, said publications being on the 10th day of
March, 1982; the 17th day of March, 1982; and the 24th day of
March, 1982.
/s/ W. Herman Cawthon
Affiant
Sworn to and subscribed to before me this the 3rd day of May,
1982.
/s/ Hugh M. Glidewell
Notary Public
State of Georgia
(Seal)
Notice
Official Notice
TO: The Citizens of Butts County, Georgia
RE: Proposal to repeal the requirement that audit of the
books, files and records of the various county officers be con-
ducted once every year rather than every six months.
The Butts County Board of Commissioners has before it a
proposed Resolution that, if approved, would repeal the require-
ment that the Butts County Board of Commissioners have all
books, files and records of the various county officers audited by
some certified public accountant (Ga. L. 1961, P. 2011 et seq)
and substituted therefore the general law of the State of Georgia
as relates to audits of county books, files and records as shown
in Ga. L. 1980, P. 1738 et seq., which requires an audit by some
certified public accountant at least once every fiscal year of the
County.
Any person desiring to inspect said proposed Resolution may
obtain a copy of same upon request at the Office of the Clerk of
GEORGIA LAWS 1983 SESSION
4753
the Superior Court of Butts County, in the Butts County Court-
house, Jackson, Georgia.
Butts County Board of
Commissioners
By: Dave Bailey,
Chairman
Jimmy White, Member
Nevin Duffey, Member
Filed in the Office of the Secretary of State May 5, 1982.
BUTTS COUNTYJUDGES, COURTS OF LIMITED
JURISDICTIONCOMPENSATION.
Resolution
A Resolution of the Butts County Board of Commissioners of
the State of Georgia:
Whereas, Section 4, Part 1, Code Title 15, Chapter 22, (Ga.
Laws 1982, Pages 1737-1751) allows the governing authority of
each county of this State in which there is a court in which the
judge of said court is compensated, in whole or in part, by fees
charged and collected for the performance of the duties of said
court, shall elect prior to July 1, 1982 to provide compensation
for the judges of the courts of limited jurisdiction on a salary
basis as provided in Section 5 of said Act or as provided in Sec-
tion 6 of said Act, and respectively known as Plan of Compen-
sation A Plan of Compensation B .
Be it Ordained by the Board of Commissioners of Butts
County, Georgia, and it is hereby ordained by the authority of
the same as follows:
Section 1. The Board of Commissioners of Butts County do
4754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elect to compensate the full-time and part-time judges of courts
of limited jurisdiction in said county in accordance with Plan of
Compensation A as set forth in Section 5 of said Act;
Section 2. The Board of Commissioners of Butts County do
hereby set and establish the salary of part-time judges of such
courts at $3,000.00 per year, to be paid in monthly increments of
equal amounts; and do hereby set and establish the salary of
full-time judges of such courts at $8,000.00 per year, to be paid
in monthly increments of equal amounts.
Section 3. This resolution is adopted by the Board of Com-
missioners of Butts County, Georgia pursuant to the provisions
of the Constitution of the State of Georgia, providing for home
rule of counties which appears in Ga. L. 1965, P. 752 et seq. and
which also appears as Paragraph I of Section II of Article IX of
the Constitution of Georgia.
Section 4. This resolution shall become effective when a no-
tice containing a synopsis hereof and stating that a copy hereof
is on file in the office of the Clerk of the Superior Court of Butts
County for the purposes of examination and inspection by the
public shall have been published in the Jackson Progress-Argus,
the official gazette of the County, once a week for three weeks
immediately preceeding its final adoption; the same shall have
been adopted by two regular consecutive meetings of the Board
of Commissioners of Butts County not less than sixty days
apart, and a certified copy thereof shall have been filed with the
Secretary of State of Georgia all in compliance with the provi-
sions of the Constitution of the State of Georgia.
Section 5. All ordinances or parts thereof in conflict herewith
are hereby repealed.
This resolution being adopted at a Regularly scheduled meet-
ing of the Board of Commissioners of Butts County on the 10th
day of June, 1982, and also at a regularly scheduled meeting of
said Board on the 7th day of July, 1982, it being required by the
Constitution of the State of Georgia under the Home Rule pro-
visions which appears in Ga. Laws 1965, P. 752 se seq. that such
Resolutions be adopted at two regularly scheduled meetings of
said Board of Commissioners of Butts County, Georgia, the gov-
GEORGIA LAWS 1983 SESSION
4755
erning authority of the County of Butts. This Resolution having
been adopted after a synopsis of this Resolution was published
in the Jackson Progress-Argus Newspaper, the official gazette of
said County, once a week for three weeks prior to its adoption,
with a copy of this Resolution having been made available to the
public by placing a copy of same with the Clerk of the Superior
Court of Butts, Georgia.
Butts County Board of
Commissioners
/s/ D.W. Bailey
Chairman
/s/ N. L. Duffey
Member
/s/ George N. Martin, Jr.
Member
State of Georgia
County of Butts
Affidavit
Personally appeared before the undersigned attesting officer,
Richard Dale Whiten, who, after first being duly sworn, states as
follows:
1.
Affiant is the editor of the Jackson Progress-Argus, the official
gazette of Butts County, Georgia.
2.
Affiant states that the notice shown on the attached Exhibit
A was published in the Jackson Progress-Argus once a week
for three weeks, said publications being on the 16th day of June,
4756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1982; the 23rd day of June, 1982; and the 30th day of June,
1982.
/s/ Richard D. Whiten
Affiant
Sworn and subscribed to before me this 8th day of July, 1982.
/s/ Diane Rosser
Notary Public, State of Georgia
My Commission Expires May 7, 1983
(Seal)
Notice
TO: The Citizens of Butts County, Georgia.
RE: Proposal to place all court of limited jurisdiction as de-
fined in an Act entitled Courts of Limited Jurisdiction Com-
pensation Act of 1982 on an annual salary, with full-time
judges thereunder receiving an annual salary of $8,000.00; and
part-time judges thereunder receiving an annual salary of
$3,000.00.
The Butts County Board of Commissioners has before it a
proposed Resolution that, if approved, would establish the an-
nual salary of judges of the limited jurisdiction within said
County as follows: Full-time judges to receive an annual salary
of $8,000.00; part-time judges to receive an annual salary of
$3,000.00. Said salary shall apply to the various justice of the
peace courts and small claims court of said county. All fees
henceforth charged and collected by the judges of said several
courts shall be as are provided by law but any such fees so col-
lected shall be the property of the county and shall be paid in
the county treasury as provided for in said Act.
Any person desiring to inspect said proposed Resolution may
obtain a copy of same upon request at the Office of the Clerk of
Superior Court of Butts County in the Butts County Court-
GEORGIA LAWS 1983 SESSION
4757
house, Jackson, Georgia.
Butts County Board of
Commissioners
By: Dave Bailey, Chairman
Nevin Duffey, Member
Filed in the Office of the Secreatry of State, July 12, 1982.
CHATTOOGA COUNTYCOUNTY PURCHASES
Resolution
Whereas, the Commissioner of Chattooga County, by virtue
and with authority of Article IX, Section 2, Paragraph 1 (Ga.
Code 2-5901) is granted authority to pass such ordinances and
resolutions and amend Local Acts of the General Assembly of
Georgia; and
Whereas, the Commissioner has determined that a need exists
for amending certain provisions of the Act establishing his of-
fices and providing powers; and
Whereas, notice has been provided in accordance with the
provisions of law,
Now therefore, be it resolved by the Commissioner of Chat-
tooga County and same is so resolved that Ga. Laws 1956, page
2899, as amended in Ga. Laws 1977, page 3865 is hereby
amended as follows:
Be it enacted by the Commissioner of Chattooga County that
an Act creating the office of Commissioner of Chattooga County,
Georgia, approved March 6, 1956 (Ga. Laws 1956, page 2899), as
amended, particularly by an Act approved March 28, 1973 (Ga.
Laws 1973, page 2323), and as amended by an Act approved
4758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
March 23, 1977 (Ga. Laws 1977, page 3865), is hereby amended
by striking in its entirety Section 12 thereof, which reads as
follows:
All purchases of $500 or less, including, but not limited to,
purchases of supplies, materials, equipment, road machinery,
food and clothing, shall be at the discretion of the Commissioner
without the necessity of any competitive bids. All such
purchases in excess of $500 shall be made upon a sealed compet-
itive bid, and to this end it shall be the duty of said Commis-
sioner to estimate the countys needs and requirements as often
as shall be required, but not less than four times per calendar
year and to have said estimate published in the official organ of
the county for which publication the legal rates of advertising
shall be paid. The aforesaid estimate of said requirements shall
be divided into commodity divisions, and bids shall be requested
thereupon. Said advertisements shall state the date and place of
the opening of said bids. All of said bids shall be received under
seal and all bids received under seal shall not be opened until
the specified time and place. At said time and place, said bids so
received shall be opened, and thereafter filed for two years in
the office of the Commissioner for public inspection. Said sup-
plies, material, equipment, road machinery, food and clothing,
and other items shall be purchased from said lowest bidder, ex-
cept that the Commissioner is hereby authorized in the exercise
of his discretion to reject even the lowest bids if it is determined
that such lowest bid is too high above the price paid for the
same or similar items in surrounding counties. Provided, that if
because of any loss, accident, emergency, or cause not foreseen
before the same arises, said county shall need to purchase any
supplies, materials, food and clothing or other items, the Com-
missioner is hereby empowered to make said emergency
purchases in his discretion and at the best available offer, taking
into consideration the emergency situation and the quality and
price of said items purchased. If because of any loss, accident,
emergency, or cause not foreseen before the same arises, said
county shall need to repair any road equipment, cars or trucks,
not at any time exceeding in cost $1,000.00 per vehicle for parts
for cars or trucks and $2,500.00 per vehicle for parts for heavy
road equipment, the same may be repaired without advertising
for bids for furnishing same, provided said county supplies the
necessary labor to install said parts and upon approval of the
GEORGIA LAWS 1983 SESSION
4759
Commissioner. In the event said county does not supply labor to
install said parts, the Commissioner is hereby empowered to
contract for said labor at the best available price, taking into
consideration the emergency situation and need for said
equipment.
and inserting in lieu thereof a new Section 12, to read as follows:
Section 12. All purchases of $1,000.00 or less, including but
not limited to purchases of supplies, materials, equipment, road
machinery, food and clothing shall be at the discretion of the
Commissioner without the necessity of any competitive bids, or
purchases of services without regard to amount shall be at the
discretion of the Commissioner without the necessity of any
competitive bids, except where required by general Statutes of
the State of Georgia. All purchases, except emergencies and or
used equipment, in excess of $1,000.00 shall be made upon
sealed competitive bid, and to this end it shall be the duty of
said Commissioner to estimate the countys needs and require-
ments as often as shall be required, but not less than four times
per calendar year and to have said estimate published in the of-
ficial organ of the county for which publication the legal rate of
advertising shall be paid. The aforementioned estimate of said
requirements shall be divided into commodity divisions, and
bids shall be requested thereupon. Said advertisements shall
state the date and place of the opening of said bids. All of said
bids shall be received under seal and all bids received under seal
shall not be opened until the specified time and place. At said
time and place, said bids so received shall be opened and there-
after shall be filed two years in the office of the Commissioner
for public inspection. Said supplies, materials, equipment, road
machinery, food and clothing, and other items shall be pur-
chased from the lowest bidder, except that the Commissioner is
hereby authorized in the exercise of his discretion to reject any
or all bids if it is determined that said bids are too high above
the price paid for the same or similar items in surrounding
counties.
The Commissioner is further empowered to purchase used
equipment at auction or by private negotiation with any other
county, individual, corporation or business if in his discretion he
determines that said used equipment is satisfactory for use by
4760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Chattooga County and said price is reasonable considering other
equipment in the same condition. Provided, that if because of
any loss, accident, emergency, or cause not foreseen before the
same arises, said county shall need to purchase any supplies,
materials, food and clothing or other items, the Commissioner is
hereby empowered to make said emergency purchases in his dis-
cretion and at the best available offer, taking into consideration
the emergency situation and the quality and price of said items
purchased. If because of any loss, accident, emergency, or cause
not foreseen before the same arises, said county shall need to
repair any road equipment, cars or trucks, not at any time ex-
ceeding in cost $1,000.00 per vehicle for parts for cars or trucks
and $2,500.00 per vehicle for parts for heavy road equipment,
the same may be repaired without advertising for bids for fur-
nishing same, provided said county supplies the necessary labor
to install said parts and upon approval of the Commissioner. In
the event said county does not supply labor to install said parts,
the Commissioner is hereby empowered to contract for said la-
bor at the best available price, taking into consideration the
emergency situation and need for said equipment.
All laws, resolutions, ordinances and parts of same in conflict
with this resolution are hereby repealed.
So adopted this 23 day of March, 1982.
/s/ Wayne Denson
Commissioner of Chattooga
County, Georgia
(Seal)
Duly entered upon the Minutes of the Commissioner this 24th
day of March, 1982.
/s/ Rebecca S. Martin
Clerk
Filed in Clerks Office
March 4, 1982.
/s/ Sam L. Cordle, Jr.,
Clerk
GEORGIA LAWS 1983 SESSION
4761
Georgia, Chattooga County
This is to certify that the attached three pages constitutes a
true and correct copy of a resolution duly adopted by the Com-
missioner of Chattooga County and entered upon his minutes.
This 24th day of March, 1982.
/s/ Rebecca S. Martin
Clerk of Chattooga County
(Seal)
Georgia, Chattooga County
Personally appeared before the undersigned officer came
WINSTON E. ESPY, publisher of The Summerville News, a
newspaper of general circulation in Chattooga County, Georgia,
who being duly sworn states under oath as follows:
That the following advertisement, to-wit:
Notice of Amended Act
Now comes Wayne Denson, sole Commissioner of Chattooga
County, Georgia and hereby provides notice of a proposed reso-
lution amending Ga. Laws 1956, page 2899, Ga. Laws 1973, page
2323, and Ga. Laws 1977, page 3865.
Notice is given that the Commissioner proposes to adopt an
amendment to the aforementioned Acts by a resolution and pur-
suant to the Home Rule Authority for Counties as codified in
Article IX, Section 2, Paragraph 1 (Ga. Code 2-5901). The pro-
posed amendment will amend Section 12 of said Acts and pro-
vide for changes in the purchase power, requirements and gen-
eral provisions regarding emergencies. A copy of the proposed
amendment is on file in the Office of the Clerk of Superior Court
for examination and inspection by the public and copy of same
shall be furnished by the Clerk upon request.
The first meeting to consider the adoption shall occur on
March 9,1982 at two oclock p.m. in the Courtroom of the Chat-
tooga County Courthouse and the final meeting shall occur on
4762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
March 23, 1982 at two oclock p.m. in said courtroom.
The public is invited to attend said meetings and review the
proposed amendment.
This 1st day of March, 1982.
WAYNE DENSON, Sole
Commissioner of Chattooga
County, Georgia
appeared in The Summerville News on March 4, 1982, March
11, 1982, and March 18, 1982.
This 23rd day of March, 1982.
/s/ Winston E. Espy
Publisher
Sworn to and subscribed before me this 23rd day of March,
1982.
/s/ Joyce M. Whited
Notary Public
My Commission expires
July 20, 1985.
(Seal)
Filed in the Office of the Secretary of State April 5, 1982.
CLARKE COUNTYPURCHASES.
A Resolution amending an Act creating A New Board of Com-
missioners of Clarke County, Georgia, approved March 29, 1973
(Ga. Laws 1973, p. 2467), as amended, particularly by an Act
approved March 31, 1976 (Ga. Laws 1976, p. 3628) so as to
change the provisions relating to the purchase of equipment,
GEORGIA LAWS 1983 SESSION
4763
supplies, materials and services, pursuant to Home Rule Author-
ity granted by the provisions of Article IX, Section II, Paragraph
I of the Georgia Constitution; to provide an effective date; and
for other purposes.
Whereas, the provisions of Article IX, Section II, Paragraph I
of the Georgia Constitution authorize county governing authori-
ties to amend local acts of the General Assembly of Georgia ap-
plicable to such county governing authorities; and
Whereas, the Board of Commissioners of Clarke County,
Georgia has determined that it is in the best interests of Clarke
County that the provisions of the local act of the General As-
sembly hereinafter cited pertaining to requirements for purchas-
ing by the county shall be amended so as to provide greater flex-
ibility to enable the county to more economically and efficiently
purchase equipment, supplies, materials and services.
Now therefore Be it Resoloved by The Board of Commission-
ers of Clarke County, Georgia:
Section 1. Pursuant to home rule authority granted by Arti-
cle IX, Section II, Paragraph I of the Georgia Constitution, an
act of the General Assembly of Georgia creating a new Board of
Commissioners of Clarke County, Georgia, approved March 29,
1973 (Ga. Laws 1973, p. 2467) as amended, particularly by an
act approved March 31, 1976 (Ga. Laws 1976, p. 3628) is hereby
amended by striking from Section 30 of that act the following:
All purchases of supplies, equipment and services and other
materials in an amount in excess of $2,000.00 shall be by com-
petitive bids with advertisement of said purchases to be pub-
lished in the official organ of Clarke County for two weeks once
a week before the date of purchase. The amount paid for per-
sonal services shall be negotiated without advertisement rather
than on a bid basis.,
and by inserting in lieu thereof, the following:
All purchases of equipment, supplies, materials and services
shall be in accordance with the provisions of general law and
written procedures adopted by resolution of the Board of Com-
4764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
missioners of Clarke County, Georgia.
Section 2. This amendment shall become effective on May
12, 1982.
The foregoing Resolution was first adopted at a regular meet-
ing of the Board of Commissioners of Clarke County, Georgia on
April 13, 1982.
Board of Commissioners of
Clarke County, Georgia
By: /s/ J. R. Holland, Chairman
Attest:
/s/ B. E. Lumpkin, Jr.
County Clerk
The foregoing Resolution was finally adopted at a regular
meeting of the Board of Commissioners of Clarke County, Geor-
gia on May 11, 1982.
Board of Commissioners of
Clarke County, Georgia
By: /s/ J. R. Holland, Chairman
Attest:
/s/ B. E. Lumpkin, Jr.
County Clerk
Certification
I, B. E. Lumpkin, Jr., Clerk of the Board of Commissioners of
Clarke County, Georgia, hereby certify that the attached docu-
ment is a true and correct copy of said document as adopted by
the Board of Commissioners of Clarke County, Georgia, at a
meeting of said Board on the 11th day of May, 1982, and en-
tered in the official records of Clarke County.
/s/ B. E. Lumpkin, Jr.
May 12, 1982
(Seal)
GEORGIA LAWS 1983 SESSION
4765
Sworn to and subscribed before me this 12th day of May,
1982.
/s/ William L. Foster
(notary public)
Notary Public, Georgia State at Large
My Commission Expires December 18, 1984
(Seal)
Affidavit of Publication of Notice of Home Rule Amendment
Clarke County
Georgia
Pete McCommons personally appeared before the undersigned
officer authorized to administer oaths and, after being duly
sworn, stated that he is the editor and publisher of THE ATH-
ENS OBSERVER, that THE ATHENS OBSERVER is the offi-
cial county organ of Clarke County, Georgia, and that the Notice
of Home Rule Amendment to Local Legislation attached to this
affidavit as Exhibit A was published in THE ATHENS OB-
SERVER on April 16, April 23, and April 30, 1982.
This 24th day of May, 1982.
/s/ Pete McCommons
Editor and Publisher,
The Athens Observer
Sworn to and subscribed before me this 24th day of May,
1982.
/s/ John Jay McArthur
Notary Public
Notice of Home Rule Amendment
To Local Legislation
Notice is hereby given that the Board of Commissioners of
Clarke County, Georgia proposes to adopt a resolution to amend
the provisions of an act creating a new Board of Commissioners
of Clarke County, Georgia, approved March 29, 1973 (Ga. Laws
4766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1973, p. 2467) as amended, particularly by an act approved
March 31, 1976 (Ga. Laws 1976, (Ga. Laws 1976, p. 3628), so as
to delete the requirement that purchases of equipment, supplies,
services and other materials in amounts in excess of $2,000.00
shall be by competitive bids after advertisement and to provide
instead that all puchases of equipment, supplies, services and
materials shall be in accordance with written procedures
adopted by the Board of Commissioners. This resolution was
considered for initial adoption at the regular meeting of the
Board of Commissioners of Clarke County, Georgia held on
April 13, 1982 and it will be considered for final adoption at a
regular meeting of the Board in the Clarke County Courthouse
at 7:30 p.m. on May 11, 1982. A copy of the proposed resolution
is on file in the office of the Clerk of the Superior Court of
Clarke County, Georgia for the purpose of examination and in-
spection by the public and a copy of that proposed resolution
will be furnished to anyone upon written request. This notice is
given and the resolution is proposed pursuant to the provisions
of Article IX, Section II, paragraph I of the Georgia Constitu-
tion, providing for home rule for counties.
The Board of Commissioners
of Clarke County, Georgia
Filed in the Office of the Secretary of State May 27, 1982
CLAYTON COUNTYEMPLOYEES RETIREMENT.
RESOLUTION 82-8
A Resolution to amend an Act creating a System of Pensions
and Retirement Pay for officers, deputies, and employees of
Clayton County and the Clayton County Water Authority, ap-
proved April 5, 1971 (Georgia Laws 1971, p. 2917), as amended,
(Georgia Laws 1975, p. 3682) approved April 17, 1975, as further
amended under the County Home Rule Act by the Board of
Commissioners of Clayton (Resolution 80-25) dated December
GEORGIA LAWS 1983 SESSION
4767
16, 1980, is hereby further amended to the early retirement re-
quirements (age 55 and 15 years of service) and to provide actu-
arially reduced benefit payable, if the employee so elects, prior
to age 65; to provide a new formula to be used to calculate bene-
fits upon retirement: to provide an increased percentage of pay
for disability retirement: to provide for normal retirement at age
60 for safety personnel: to add an additional optional benefit
payment arrangement: to provide a 10% increase in benefits to
present retireds as of July 1, 1981; and for other purposes.
Be it Resolved by the County Commissioners of Clayton
County, Georgia and it is hereby resolved:
Section 1. This Section 6. (a - 1) Normal Retirement Date is
hereby amended by adding a sentence at the end of said subsec-
tion, to read as follows:
Provided, however, the normal retirement date for all Safety
Personnel, as hereinafter defined, shall be the first day of the
month following his attainment of age 60. Safety Personnel are
defined for purposes of this Act as those employees who are
sworn officers.
Section 2. This section 6. (a - 2) Normal Retirement Benefit
is hereby amended by deleting the first paragraph of said sub-
section in its entirety and inserting in lieu thereof a new para-
graph, to read as follows:
The participant, upon retirement on his normal retirement
date will receive a monthly pension payable for life equal to the
sum of (i) and (ii) below then multiplied by (iii) below, in accor-
dance with the following:
(i) 1% (.01) of final average annual earnings up to
$15,000.00,
(ii) I-V2 % (.015) of final average annual salary in excess of
$15,000.00
(iii) Number of years of credited service.
Note: Upon normal retirement an employee will not receive any
4768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
less benefit than he would have received had the formula under
H. . 85 not been changed.
Section 3. This section 6. (b - 1) Early Retirement Date is
hereby repealed in its entirety and a new subsection (b - 1)
Early Retirement Date is enacted and shall read as follows:
The early retirement date of a participant shall be the first
day of any month following the attainment of age 55 and com-
pletion of at least 15 years of credited service at said time.
Section 4. This Section 6. (b - 2) Early Retirement Benefit is
hereby amended by adding a sentence at the end of said subsec-
tion, to read as follows:
Provided however, if benefit payments are deferred to a par-
ticipants normal retirement date then there is no actuarial re-
duction. A participant may elect to have payments commence at
anytime between his early retirement date and normal retire-
ment date and, in such event, the benefit will be actuarially re-
duced to reflect the period of time between the participants
normal retirement date and benefit commencement date.
Section 5. This section 6. (c - 1) Deferred Retirement Date
is hereby repealed in its entirety and a new subsection (c - 1)
Deferred Retirement Date is enacted and shall read as follows:
If a participant continues in the employ of the County after
his normal retirement date, his participation in the plan shall
continue, but no benefit payments shall be made during the pe-
riod of continued employment. Each participant shall retire no
later than age 70 unless his department head, with concurrence
of the Pension Board, request that the participant remain in the
employ of the County, and the participant so agrees, on a year-
to-year basis after age 70.
Section 6. This section 6. (d -1) Election of Optional Retire-
ment Benefits is hereby amended by deleting the words ... or
revoke a previous election and make a new election at anytime,
at least one year . . . so that said subsection shall read as
follows:
GEORGIA LAWS 1983 SESSION
4769
A participant may elect, prior to retirement, to receive his
income under one of the options hereinafter set forth in lieu of
the retirement benefit he is otherwise entitled to receive and
such benefits shall be paid in accordance with the terms of such
election option. Election of any option must be made by the par-
ticipant in writing.
Section 7. This section 6. (d - 2) Description of Options is
hereby amended by adding a subsection (3) at the end of said
subsection to read as follows:
(3) Level Income in the event payment of an early retirement
benefit commences prior to the earliest age as of which the par-
ticipant will become eligible for an Old-Age Insurance Benefit
under the Social Security Act, then the amount of the early re-
tirement benefit may be adjusted so that an increased amount
will be paid prior to such age and reduced amount thereafter.
The purpose of this adjustment is to enable the participant to
receive, from this Act and under the Social Security Act, an ag-
gregate income in approximately a level amount for life.
Section 8. This Section 6. (e - 2) Disability Retirement Ben-
efit is hereby amended by deleting from the second sentence the
words ... 50 percent. . . and substituting in place thereof
. . . 60 percent . . . and shall be further amended by adding
the words ... or such estimated amount if the participant is
not covered under the Federal Social Security Act through the
County, . . . following the words . . . Federal Social Security
Act . . . in the second sentence so that said subsection shall
read as follows:
Upon retirement on his disability retirement date, a partici-
pant shall receive a monthly retirement benefit payable on the
first day of each month thereafter during the lifetime of the par-
ticipant and continuation of disability. The amount of such
monthly retirement payments shall be equal to 60 percent of the
participants monthly rate of earnings as of the date of disability
minus the amount of primary benefits to which the participant
may be entitled under the Federal Social Security Act or such
estimated amount if the participant is not covered under the
Federal Social Security Act through the county, but not less
than the full accrued benefit computed in the same manner as
4770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for a normal retirement benefit, but based on average compensa-
tion and service of the participant as of his disability retirement
date.
Section 9. This section 6. (f - 1) Death Benefits Prior to Re-
tirement is hereby amended by adding a second paragraph to
said subsection to read as follows:
If the death of a participant who has retired under the early
retirement provision of this Act occurs prior to the receipt of
benefit payments, then, in such event, his designated beneficiary
shall receive 60 monthly payments calculated as if the partici-
pant has retired as of the first of the month following the date of
his death.
Section 10. This section 6. (g jkl) Termination Benefits is
hereby amended by deleting the words . . . age 65 . . . in the
first sentence following the table of Percentage of Pension
Vested and substituting the words . . . his otherwise normal
retirement date . . . so that said sentence shall read as follows:
The participant may notify the Pension Board as to his
whereabouts when he reaches his otherwise normal retirement
date and also provide to the satisfaction of the Pension Board
his identity to qualify and receive such benefits.
Section 11. This section 6 is hereby amended by adding a
new subsection (h - 1) Increased Benefits to Participants Re-
tired on July 1, 1981 to read as follows:
(h - 1) Increased Benefits to Participants Retired on July 1,
1981. All participants who were retired and receiving benefit
payments on July 1, 1981, including any designated beneficiary
in receipt of monthly benefits as of July 1, 1981, shall receive a
ten percent (10%) increase in his monthly benefit effective July
1, 1981.
Section 12. This Section 6. (a - 2) is hereby amended by de-
leting the words as determined by his W-2 earnings statement
from the third paragraph. The third paragraph then will read as
follows:
GEORGIA LAWS 1983 SESSION
4771
average salary to be used for the calculation of benefits will
be determined as 1/12 of the arithmetic average of the em-
ployees five (5) highest consecutive years of compensation re-
ceived during the last ten (10) years of his employment, pro-
vided, however, that if retirement occurs prior to the completion
of five years of service, such average shall be computed with re-
spect to annual compensation during the total years prior to
retirement.
Section 13. The effective date of this Resolution shall be
when approved by the Board of Commissioners of Clayton
County after the second reading of said Resolution provided said
Resolution receives an affirmative vote of three or more mem-
bers of the said Board of Commissioners and a copy of said Res-
olution has been filed with the Secretary of State of the State of
Georgia. All benefit improvements shall be retroactive to July 1,
1981.
Adopted this the 2 day of February, 1982
Clayton County Board of Commissioners
/s/ Charley Griswell
Chairman
/s/ Annie Ruth Ford
Vice-Chairman
/s/ Loren B. Cheaves
Commissioner
/s/ Ernest Wright
Commissioner
The first reading of the above and foregoing Resolution was
held at the regular meeting of the Board of County Commission-
ers of Clayton County on January 19, 1982 with the following
members present and voting in favor:
Chairman Charley Griswell, Vice Chairman Annie Ruth Ford,
Commissioner Loren B. Cheaves, Commissioner Raymond E.
4772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Johnson, Commissioner Ernest Wright
/s/ Milton Worsham, Clerk
Board of County
Commissioners
Clayton County
The second reading of the above and foregoing Resolution was
held at the regular meeting of the Board of County Commission-
ers of Clayton County on February 2, 1982 with the following
members present and voting in favor:
Chairman Charley Griswell, Vice Chairman Annie Ruth Ford,
Commissioner Loren B. Cheaves, Commissioner Ernest Wright
/s/ Milton Worsham, Clerk
Board of County
Commissioners
Clayton County
Attest:
/s/ Milton Worsham, Clerk
(Seal)
State of Georgia
County of Clayton
Notice of Intention to Consider a Resolution Amending
Clayton CountyClayton County Water Authority System of
Pensions and Retirement Pay
Notice is hereby given that a Resolution will be introduced
before the Board of Commissioners of Clayton County on Janu-
ary 19, 1982 and on February 2, 1982, to amend an Act pertain-
ing to Clayton CountyClayton County Water Authority Sys-
tem of Pensions and Retirement Pay for County officers,
deputies, and employees of Clayton County and Clayton County
Water Authority so as to amend Georgia Laws 1971, Pages 2917
ET. SEQ. as amended by Georgia Laws 1972 Pages 3366 et. seq.
so as to provide for early retirement, with an actuarially reduced
pension upon termination at any time after attaining age 55 and
GEORGIA LAWS 1983 SESSION
4773
the completion of 15 or more years of service; to provide a new
formula to be used to calculate benefits upon Normal Retire-
ment, Early Retirement, Deferred Retirement, Death Prior to
Retirement and Termination of Service; to provide an increased
percentage of pay in the Disability Retirement Benefit; to pro-
vide that the Normal Retirement age for Safety Personnel shall
be lowered to age 60 with no benefit improvements after age 60;
to provide an additional Optional Retirement Benefit for those
employees who retire prior to age 62 which will provide an in-
creased benefit up to age 62 and a reduced benefit after age 62
(in order to adjust for the anticipated Primary Social Security
benefit) to be known as the level income option; to provide a
10% increase in the monthly pension as of July 1, 1981 for all
employees who were retired and receiving benefits as of such
date; and for other purposes. All benefit improvements will be
effective retroactive to July 1, 1981.
A copy of said proposed Resolution to be introduced is on file
in the Office of the Clerk of Superior Court of Clayton County,
Clayton County Courthouse, Jonesboro, Georgia.
/s/ Milton Worsham, Clerk
Board of County
Commissioners
Clayton County
State of Georgia
County of Clayton
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News Daily, the official legal organ for the
county of Clayton for the publication of official or legal adver-
tisements 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 of (sic) a true
copy of which is hereto annexed, was published in said newspa-
per in its issue of the following dates: 1/12/82; 1/19/82
William L. Wadkins, Publisher.
Acknowledgement of the publisher must be made before a no-
4774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tary public or other official authorized to administer oaths.
Sworn to and subscribe before me this date
/s/ Brenda M. Morgan
Notary Public
My Commission Expires 6-28-82
Seal
Filed in the Office of the Secretary of State February 25, 1982
DEKALB COUNTYBUDGET SUBMISSION AND
APPROVAL DATES, ETC.
AN ORDINANCE
By the Board of Commissioners of DeKalb County, Georgia,
under the Home Rule Provisions for Counties of the Constitu-
tion of the State of Georgia, to amend an Act, as amended, per-
taining to the creation of the governing authority of DeKalb
County, prescribing its duties, responsibilities, terms of office,
method of election and related matters, by an Act of the General
Assembly of 1956, Georgia Laws 1956, Page 3237, Section 20, as
amended by Georgia Laws 1970, Page 3510, so as to amend said
1956 Act to revise Section 20 to change the proposed budget
submission date and the date of final budget approval and adop-
tion and so as to add a new provision dealing with the expendi-
tures of county funds, 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 creation of the governing authority of DeKalb
County, prescribing its duties, responsibilities, terms of office,
method of election and related matters, Georgia Laws 1956, page
3237, Section 20, as amended by Georgia Laws 1970, Page 3510,
GEORGIA LAWS 1983 SESSION
4775
be and the same is hereby further amended as follows:
I
By deleting Section 20, as amended, in its entirety and substi-
tuting in lieu thereof the following:
The chairman shall submit to the commission not later than
December 15, of each year a proposed budget governing the ex-
penditures of all county funds, including capital outlay and pub-
lic works projects for the following calendar year. In any election
year, if the incumbent chairman is not re-elected, this date may
be extended to January 15 of the year to which the budget per-
tains. The proposed budget submitted to the commission shall
be accompanied by a report containing information and data re--
lating to the financial affairs of the county pertinent to arriving
at and establishing the annual budget.
The chairman shall upon delivery of the proposed budget,
cause to be published in the official organ of DeKalb County a
copy of the proposed budget along with a notice to the public
that a public hearing on the proposed budget shall be held at a
time and place certain, which time shall be not less than 10 days
of the publication. At this public hearing the commission shall
review the proposed budget. They may adopt the budget as
presented by the chairman or they may make such amendments
thereto as they deem necessary to maintain the county in a
sound financial condition. Nothing herein shall prevent the com-
mission from continuing the hearing on the proposed budget
from time to time provided the time and place to which the
hearing is continued shall be publicly announced at the previous
hearing. However, the final budget shall be approved and
adopted before March 1, of the year to which it pertains. The
final budget shall constitute the commissions appropriations of
all funds for such year, but it may be amended or revised during
the year upon formal action of the commission in a regular
meeting, but no increase in appropriations shall be made therein
without provision also being made for financing same.
A copy of the final budget adopted and each subsequent
amendment thereto or revision thereof shall be transmitted by
the chairman to the Grand Jury of DeKalb Superior Court then
4776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in session within 10 days of its adoption.
Between January 1 and such time as the new general budget
for the County is adopted by the board of commissioners, the
director of finance, with the approval of the chairman, shall be
authorized to make such expenditures of County funds as are
deemed necessary and proper for the continuing operation of the
County and its various departments at the tben-currently ap-
proved level of service. These expenditures shall not include dis-
bursements for new personnel, new services, new equipment, or
other items which could be interpreted as providing additional
level of service not previously authorized.
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 juris-
diction, 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 Commis-
sioners of DeKalb County , Georgia 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 no-
tice 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 im-
mediately 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.
GEORGIA LAWS 1983 SESSION
4777
V
This Ordinance shall be first presented to the Board of Com-
missioners of DeKalb County, Georgia on the 27th day of Octo-
ber, 1981 and again on the 10th day of November, 1981, at the
regular time and place of the meeting of the Board of Commis-
sioners of DeKalb County, Georgia.
VI
A copy of this Ordinance shall be filed with the Clerk of
DeKalb Superior Court for the purpose of examination and in-
spection by the public, along with sufficient copies of the same
for distribution to those members of the public who desire the
same.
VII
The provisions of this Ordiance shall become effective upon
its adoption.
ADOPTED by the DeKalb County Board of Commissioners
this 10th day of November, 1981.
M
Attest:
/s/ Patrick C. Glisson, Clerk,
Board of Commissioners
DeKalb County, Georgia
Approved as to Form:
/s/ George P. Dillard
County Attorney
Manuel J. Maloof, Chairman
Board of Commissioners
DeKalb County, Georgia
4778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 them at two regular consecutive meetings
held on October 27, 1981 and on November 10, 1981.
This 10th day of November, 1981.
/s/ Patrick C. Glisson, Clerk,
Board of Commissioners
DeKalb County, Georgia
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Mary L. Crane, Co-pub-
lisher of Decatur-DeKalb News ERA, a newspaper publisher at
Decatur, county of DeKalb, who, being duly sworn, states on
oath that the report of Public Notice by Chairman Board of
Commissioners a true copy of which is hereto annexed, was pub-
lished in said newspaper in its issue of the 22, 29, & 5 day of
October and November respectively, 1981
/s/ Mrs. Mary L. Crane
Publisher
Sworn to and subscribed before me this 6th day of January
1982.
/s/ Jean M. Lund
Notary Public
Notary Public, Georgia, State At Large
My Commission Expires June 7, 1985
(Seal)
GEORGIA LAWS 1983 SESSION
4779
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 October 27, 1981 and on
November 10, 1981 an Ordinance to amend the Act creating the
governing authority of DeKalb County, Georgia, known as Geor-
gia Laws 1956, Page 3237, Section 20, as amended by Georgia
1970, Page 3510, to revise the proposed budget submission date
from November 1 to December 15 of each year, to revise the
final budget aproval and adoption date from January 1 to March
1 of the year to which it pertains and to add a new provision
dealing with expenditure of County funds between January 1
and such time as the new general budget for the County is
adopted by the Board of Commissioners.
The public is further notified that in order to amend said Act,
it is necessary for the Board of Commissioners to adopt an ordi-
nance at two regular consecutive meetings held not less than
seven (7) nor more than sixty (60) days apart which ordinance
specifically states changes to be made in the original Act, the
authority to amend the original Act having been granted under
the home rule provisions for counties of the Constitution of the
State of Georgia.
The public is hereby further notified that a copy of said pro-
posed ordinance has been filed with the Clerk of DeKalb Supe-
rior Court, DeKalb County Courthouse, Decatur, Georgia, for
public examination and inspection, and that copies are available
from him for interested members of the public.
This 22nd day of October, 1981.
/s/ Manuel J. Maloof
Chairman Board of
Commissioners
DeKalb County Georgia
Filed in the Office of the Secretary of State, January 18, 1982.
4780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DEKALB COUNTYMERIT SYSTEM PERSONNEL CODE
AN ORDINANCE
By the Board of Commissioners of DeKalb County, Georgia,
under the Home Rule Provisions for Counties of the Constitu-
tion of the State of Georgia, to amend an Act, as amended, per-
taining to the DeKalb County Merit System, establishing a
merit system in DeKalb County for employees of DeKalb
County, creating a Merit System Council, prescribing their du-
ties, responsibilities, terms of office, method of appointment and
related matters, by an Act of the General Assembly of 1956,
Georgia Laws 1956, Page 3111, et seq. as amended, so as to
amend said 1956 Act to provide for the location and time of
meetings of said Merit Council, to specify duties of the Merit
Council, to provide for the adoption and implementation of a
personnel code, to provide for the review of personnel actions
except dismissals, and for other purposes.
Be it Ordained by the Board of Commissioners of DeKalb
County, Georgia, and it is hereby ordained by the authority of
same, pursuant to the Home Rule Provisions for Counties of the
Constitution of the State of Georgia, that the Act, as amended,
pertaining to the DeKalb County Merit System, establishing a
Merit System in DeKalb County for the employees of DeKalb
County, creating a Merit System Council, prescribing their du-
ties, responsibilities, terms of office, method of appointment and
related matters, Ga. Laws 1956, Page 3111, et seq., as amended,
be and the same is hereby further amended as follows:
I
By deleting Section 3 in its entirety and substituting in lieu
thereof the following:
It shall be the duty, function, and responsibility of the merit
system council to represent interests of the public in the im-
provement of personnel administration and the selection of
qualified personnel. All meetings of the merit system council
shall be in the DeKalb County Courthouse or at such place as
may be in designated by the Chairman of the Board of Commis-
sioners. Said council may hold such meetings as may be required
GEORGIA LAWS 1983 SESSION
4781
for the discharge of its duties.
II
By deleting section 4(a) in its entirety and substituting in lieu
thereof the following:
Section 4.
(a) The merit system council when requested by the Chairman
of the Board of Commissioners, may hold public meetings re-
garding proposed rules and regulations and standards of the
merit system and thereafter recommend to the Board of Com-
missioners the adoption of rules and regulations and standards
effecting the merit system established under this Act. Said
Board of Commissioners may adopt a personnel code which may
include provisions for the establishment and maintenance of job
classification and compensation plans, the conduct of examina-
tions for appointment under the merit system, the certification
of eligible persons, appointments, promotions, transfers, demo-
tions, separations, tenure, service ratings, reinstatements, ap-
peals, and such additional regulations as may be deemed to be in
the best interest of impartial selection* of efficient personnel and
improvement of public administration. Such rules and regula-
tions shall prohibit political activity by any employee covered by
the merit system or the merit system council. The rules and reg-
ulations may provide for the establishment of a register of per-
sons eligible for appointment under the merit system, provided
that no elected county officers shall be required to choose per-
sonnel solely from said register, but the personnel employed by
such a county officer shall be processed in accordance with such
rules and regulations as may be adopted. Said personnel code,
rules and regulations when approved and adopted by the Board
of Commissioners shall have the force of law and be binding
upon all departments and offices of the County enumerated in
the resolution creating the merit system as to all personnel sub-
ject to the jurisdiction of the Board of Commissioners.
III
By deleting section 4.(b) in its entirety and substituting in lieu
thereof the following:
4782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The Chairman of the Board of Commissioners is author-
ized to implement the personnel code, rules and regulations
adopted by said Board, by such procedures and rules as he
deems appropriate and to provide for the review of personnel
actions, except dismissals, in such manner as he deems appropri-
ate, consistent with the policies established by the Board.
(c) For the review of personnel action other than the dismissal
of permanent classified employees for cause, the Board of Com-
missioners may establish employee review panels by whatever
name known to review and conciliate such disputes in the man-
ner and under such rules and regulations as may be prescribed
by the Chairman of the Board of Commissioners or his disignee
with such finality as may be directed by the Chairman. In the
discretion of the Chairman the approval of the Board of Com-
missioners may be sought for any or all of such procedures.
IV
By striking in its entirety section 5 and inserting in lieu
thereof the following:
No permanent classified employee of any department or of-
fice of the county which has been brought under the merit sys-
tem pursuant to this Act may be dismissed from employment in
said department or office except for good cause and in accor-
dance with the rules and regulations of the merit system, as ap-
proved by the governing authority as aforesaid. Any employee so
dismissed shall have the right of appeal pursuant to the rules
and regulations so adopted for that purpose, by filing his notice
of appeal in writing with the merit system director within ten
(10) days after the date of his dismissal. The merit sysem coun-
cil must hear and determine said appeal within forty-five (45)
days after it is filed during which time said council must afford
the dismissed employee a hearing before said council to fully ex-
plain his conduct for which he was dismissed. The decision of
the council on such appeal shall be conclusive and binding upon
the governing authority of said County as to whether such dis-
missal was for proper cause. An employee dismissed from em-
ployment in any office or department of the county due to cur-
tailment in funds, reduction in staff, or abolition of the job held
by such employee shall have no right of appeal.
GEORGIA LAWS 1983 SESSION
4783
V
By adding a new section to be known as Section 5.A. to read
as follows:
Nothing contained in this Act or in any personnel code, rules
or regulations, or practice adopted by the Board of Commission-
ers pursuant hereto shall create a property interest in any term
of employment, other than dismissal, nor entitle any employee
subject to the jurisdiction of the Board of Commissioners to a
right or reasonable expectation that he will not be demoted,
transferred, reclassified, reduced in pay, or have his responsibili-
ties diminished.
VI
All laws or parts of law in conflict with this Ordinance are
hereby repealed.
VII
Should any part, portion or paragraph of this Ordinance be
declared unconstitutional or void by a court of competent juris-
diction, such declaration shall not affect the remaining portions
of this Ordinance not so declared to be invalid, by the same shall
remain of full force and effect as if separately adopted.
VIII
This Ordinance shall be presented to the Board of Commis-
sioners of DeKalb County for adoption at two regular consecu-
tive meetings of the County Commissioners, held not less than
seven (7) days 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 im-
mediately preceeding 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.
4784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
IX
This Ordinance shall be first presented to the Board of Com-
missioners of DeKalb County on the 23rd day of February, 1982,
and again on the 9th day of March, 1982 at the regular time and
place of the meeting of said Board.
X
A copy of this Ordinance shall be filed with the Clerk of
DeKalb Superior Court for the purpose of examination and in-
spection by the public, along with sufficient copies of same for
distribution to those members of the public who desire the same.
XI
The provisions of this Ordinance shall become effective upon
its adoption.
ADOPTED by the DeKalb County Board of Commissioners
this 9th day of March, 1982.
/s/ Manuel J. Maloof, Chairman
Board of Commissioners
DeKalb County, Georgia
Attest:
/s/ Patrick C. Glisson, Clerk,
Board of Commissioners,
DeKalb County, Georgia
Approved as to Form:
/s/ George P. Dillard
County Attorney
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
GEORGIA LAWS 1983 SESSION
4785
that the attached instrument is a true and correct copy of the
Ordinance adopted by said Board at two regular consecutive
meetings held on February 23, 1982 and March 9, 1982.
This 9th day of March, 1982.
/s/ Patrick C. Glisson, Clerk,
Board of Commissioners of
DeKalb County, Georgia
/s/ Gene H. Doi
Notary Public
Sworn to and subscribed before me this 10th day of March,
1982.
I, the undersigned, Gene H. Doi, Dep., Clerk of the Board of
Commissioners, DeKalb County, Georgia, DO HEREBY CER-
TIFY that the foregoing is a true and correct Copy of an ordi-
nance adopted by said Board in meeting lawfully assembled on
9th day of March, 1982.
And same appears in Minutes of said Board this 10th day of
March, 1982.
/s/ Gene H. Doi
Deputy Clerk
Board of Commissioners
DeKalb County, Georgia
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within aforesaid County and State, GERALD W. CRANE, Pub-
lisher of the Decatur-DeKalb News, a newspaper published in
Decatur, County of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the public notice, a true copy of which
4786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
is attached hereto, was published in said newspaper in its issues
of the 11th, 18th, and 25th day of February, 1982.
/s/ Gerald W. Crane, Publisher,
Decatur-DeKalb News
/s/ Linda L. Orr
Notary Public
Sworn to and subscribed before me this 25th day of February,
1982.
(Seal)
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 February 23, 1982 and
March 9, 1982, an ordinance to amend the Act creating the
DeKalb County Merit System Council known as Georgia Laws
1956, Page 3111, et seq., as amended, so as to amend said 1956
Act to provide for the location and time of meetings of said
Merit Council, to specify duties of the Merit Council, to provide
for the adoption and implementation of a personnel code, to
provide for the review of personnel actions except dismissals,
and for other purposes.
The public is hereby further notified that in order to so
amend said Act, it is necessary for the Board of Commissioners
to adopt an Ordinance at two regular consecutive meetings held
not less than seven (7) nor more than sixty (60) days apart,
which ordinance specifically states the changes to be made in
the original Act, the authority to amend the original Act having
been granted under the Home Rule Provisions for Counties of
the Constitution of the State of Georgia.
The public is hereby further notified that a copy of said pro-
posed Ordinance has been filed with the Clerk of DeKalb Supe-
rior Court, DeKalb County Courthouse, Decatur, Georgia, for
public examination and inspection, and that copies of said ordi-
nance are available from him for interested members of the
public.
GEORGIA LAWS 1983 SESSION
4787
This 11th day of February, 1982.
Manuel J. Maloof
Chairman, Board of
Commissioners, DeKalb
County, Georgia
Filed in the Office of the Secretary of State March 12, 1982
DEKALB COUNTYPENSION BOARDINVESTMENTS.
AN ORDINANCE
An Ordinance to be entitled An Ordinance to Amend an Act
approved March 6, 1962, Ga. Laws 1962, p. 3088 et seq, creating
a system of pensions and retirement pay for officers, deputies
and employees of DeKalb County and creating The Pension
Board of DeKalb County so as to prescribe the authority for in-
vesting and reinvesting pension funds not immediately needed
for the payment of pensions in stocks, bonds, securities, invest-
ment companies, first loans on real estate, to employ agents, ad-
visors, counsel and attorneys and to delegate to them authority
to make investments, 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 of the Constitution
of Georgia of 1976, Article IX, Section II, Paragraph I, Ga. Code
Ann. 2-5901, that the Act approved March 6, 1962, Ga. Laws
1962, p. 3088, as amended, be and it is further hereby amended
as follows:
Section 1. By deleting in its entirety Section 19 thereof
which reads as follows:
Section 19. The pension board shall have authority to invest
and reinvest money which is held for the purpose of paying pen-
4788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sions, but which is not needed for the immediate payment
thereof, as determined by the board, in securities of the United
States of America, including securities of agencies of said gov-
ernments; of the State of Georgia; of DeKalb County; or any
other county or municipality of the State of Georgia; or insured
savings in savings and loan associations and State and National
banks; corporate bonds and debentures or other evidence of in-
debtedness assumed or guaranteed by any solvent institution ex-
isting under the laws of the United States of America or any
state thereof, which are not in default as to principal or interest
and which are secured by collateral worth at least fifty per cent
(50%) more than the-par value of the entire issue of 3uch obliga-
tions, but only if not more than one-third of the total value of
such required collateral consists of common stock; corporate
stocks which are nonassessable dividend paying stocks, common
or preferred in corporations having an A rating or better accord-
ing to Standard and Poors Index current at the time of the -in-
vestment, provided cash dividends on such common stocks shall
have been-paid out of current earnings in at least two of the last
three years preceding the purchase, provided, however, that the
pension fund shall not own more than fifteen per cent (15%) of
the issued and outstanding shares of any one corporation; in first
loans on real estate that are guaranteed or insured by the Ad-
ministrator of Veterans Affairs or of the Federal Housing Au-
thority of the United States, provided, however, that these loans
arc handled and serviced by an investment firm engaged in that
business and at service rate not to exceed the usual charge made
by said firm for other like investors, provided further that the
pension board shall not have invested in such loans at any one
time more than twenty-five percentum (25%) of the entire pen-
sion fund; and in any other investment recommended by the ex-
pert agents and assistants hereinafter provided for.
and inserting in lieu thereof a new Section 19 to read as follows:
Section 19. The Pension Board shall have authority to invest
and reinvest money which is held for the purpose of paying pen-
sions, but which is not needed for the immediate payment
thereof, as determined by The Board in: securities of the United
States of America, including securities of the agencies of said
government, of the State of Georgia, of DeKalb County, or any
other county, municipality or authority of the State of Georgia;
GEORGIA LAWS 1983 SESSION
4789
insured savings and savings and loan associations and state and
national banks; corporate bonds and debentures or other evi-
dence of indebtedness assumed or guaranteed by any solvent in-
stitution existing under the laws of the United States of America
or any state thereof which are not in default as to principal or
interest; corporate stocks which are nonassessable dividend pay-
ing stocks, common or preferred, provided, however, that the
pension fund shall not own more than fifteen percent (15%) of
the issued and outstanding shares of any one corporation; first
loans on real estate where the loans are guaranteed or insured by
the Administrator of Veterans affairs or of the Federal Housing
Authority of the United States, certificates of deposits in na-
tional banks and state banks insured by the Federal Deposit
Insurance Corporation; repurchase agreements and any other
investments approved by the Board upon the recommendation
of a financial advisor employed by the Board. Said Board may
employ such agents, advisors, counsel and attorneys deemed
necessary, and delegate to them or any of them discretion to
invest funds entrusted to them by the Board for investment
purposes. Accurate records shall be maintained at all times by
said Board and by all persons, firms or corporations holding se-
curities purchased with said pension funds showing that said
securities are held as a trust asset of said Board.
Section 2. Should any clause, part or portion of this Ordi-
nance be declared unconstitutional or unenforceable by any
court of competent jurisdiction, such declaration shall not affect
the remaining portions of this ordinance not so declared to be
invalid, but all such remaining portions shall remain in full force
and effect as if separately adopted.
Section 3. All ordinances or parts of ordinances and all pro-
visions of the aforesaid Act of 1962 in conflict herewith are
hereby repealed.
Section 4. This Ordinance shall be presented to the Board of
Commissioners of DeKalb County, Georgia 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
4790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the Superior Court of DeKalb County for the pur-
pose of examination and inspection by the public.
Section 5. This Ordinance shall be first presented to the
Board of Commissioners of DeKalb County, Georgia on the 11th
day of May, 1982, and again on the 25th day of May 1982, at the
regular time and place of the meeting of the Board of Commis-
sioners of DeKalb County, Georgia.
Section 6. A copy of this Ordinance shall be filed with the
Clerk of the 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.
Section 7. The provisions of this Act as hereby amended
shall become effective upon its approval by the Board of Com-
missioners of DeKalb County, Georgia, as provided by law.
ADOPTED THIS 25th day of May, 1982.
DeKalb County, Georgia
By: /s/ Manuel J. Maloof,
Chairman
Board of Commissioners
Attest:
By: /s/ Patrick C. Glisson, Clerk
Board of Commissioners
Approved as to Form:
By: /s/ George P. Dillard
County Attorney
I, the undersigned, Patrick C. Glisson, Clerk of the Board of
Commissioners, DeKalb County, Georgia, DO HEREBY CER-
TIFY that the foregoing is a true and correct Copy of an ordi-
nance adopted by said Board in meeting lawfully assembled on
GEORGIA LAWS 1983 SESSION
4791
25 day of May, 1982. And same appears in Minutes of said
Board this 16 day of June, 1982.
/s/ Patrick C. Giisson
Clerk, Board of
Commissioners
DeKalb County, Ga.
Public Notice Synopsis of Proposed Amendment to the Act
Creating a System of Pensions and Retirement Pay for
DeKalb County Employees
You are hereby notified that the Board of Commissioners of
DeKalb County at 10:00 a.m. on the 11th day of May, 1982, and
at 10:00 a.m. on the 25th day of May, 1982, will consider an ordi-
nance pursuant to the home rule provisions of the Constitution
of Georgia to amend an Act approved March 6, 1962 creating a
system of pensions and retirement pay for officers, deputies and
employees of DeKalb County, and creating The Pension Board
of DeKalb County so as to prescribe the authority for investing
and reinvesting pension funds not immediately needed for the
payment of pensions in stocks, bonds, securities, investment
companies, first loans on real estate, to employ agents, advisors,
counsel and attorneys, and to delegate to them authority to
make investments.
Copies of the full text of said ordinance are available in the
office of the Clerk of the Superior Court of DeKalb County at
the DeKalb County Courthouse in Decatur, Georgia during nor-
mal business hours for the purpose of examination and inspec-
tion by the public and for distribution to those members of the
public who desire same.
This 30th day of April, 1982.
Manuel J. Maloof, Chairman
Board of Commissioners
of DeKalb County
4792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Pension Board Ordi-
nance, a true copy of which is hereto annexed, was published in
said newspaper in its issue of the 6, 13, 20th day of May, 1982.
Gerald W. Crane,
Co-Publisher
By: /s/ Linda L. Orr
Agent
Sworn to and subscribed before me this 20th day of May,
1982.
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985
(Seal)
Filed in the Office of the Secretary of State June 21, 1982.
DEKALB COUNTYCOURTS OF LIMITED
JURISDICTIONJUDGES COMPENSATION.
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, pertaining to the compensation and ex-
penses of judges, constables and other personnel of certain
courts of limited jurisdiction, as defined under House Bill No.
GEORGIA LAWS 1983 SESSION
4793
1847, providing for the expenses of the operation of said courts,
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, and in accordance with the
requirements of House Bill 1847, as follows:
I
WHEREAS, House Bill 1847, known as the Courts of Lim-
ited Jurisdiction Compensation Act of 1982, hereinafter re-
ferred to as the Act, Section 4, provides that the governing
authority of each county of this State in which there is a Court
of Limited Jurisdiction, as defined in Section 2 of said Act, in
which the Judge of said Court is compensated, in whole or in
part, by fees charged and collected for the performance of the
duties of said Court, shall, prior to July 1,1982, elect to provide
compensation for the Judges of said Courts on a salary basis as
provided in Section 5 of the Act or as provided in Section 6 of
the Act; and,
WHEREAS, Section 5 of said Act provides for a Plan of Com-
pensation A under which each full-time and part-time Judge,
as determined by said Act, shall be compensated by reasonable
salary established by the governing authority of the County and
that expenses for additional personnel, equipment, supplies, and
other necessary and reasonable expenses for the operation of the
Court shall be paid out of such funds as shall be budgeted by
the County governing authority for the operation of such Courts
of limited jurisdiction;
It is Hereby Ordained that the Board of Commissioners of
DeKalb County elects to provide compensation for the Judges,
constables and other personnel of the Courts of Limited Juris-
diction within DeKalb County, under the provisions of House
Bill 1847, and in accordance with Section 5 of said Act, and it is
further ordained that the Board of Commissioners shall by offi-
cial action establish a budget, including amounts for salaries,
equipment, supplies and any other expenses deemed necessary
and reasonable by the Board of Commissioners, and may assign
4794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
space in facilities owned or leased by DeKalb County for the op-
eration of such Courts.
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 juris-
diction, 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 Commis-
sioners of DeKalb County, Georgia 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 no-
tice 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 im-
mediately preceeding 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 Com-
missioners of DeKalb County, Georgia on the 22nd day of June,
1982, at the regular time and place of the meeting of said Board,
and again on the 30th day of June, 1982, at 3:00 P.M., at the
regular place of meeting of the Board of Commissioners of
DeKalb County, Georgia.
VI
A copy of this Ordinance shall be filed with the Clerk of
GEORGIA LAWS 1983 SESSION
4795
DeKalb Superior Court for the purpose of examination and in-
spection by the public, along with sufficient copies of same for
distribution to interested members of the public.
VII
The provisions of this Ordinance shall become effective upon
its adoption.
ADOPTED by the DeKalb County Board of Commissioners
this 30th day of June, 1982.
/s/ Manuel J. Maloof, Chairman,
Board of Commissioners,
DeKalb County, Georgia
(Seal)
Attest:
/s/ Patrick C. Glisson, Clerk,
Board of Commissioners DeKalb
County, Georgia
Approved as to Form:
/s/ Gail C. Teate
Deputy
County Attorney
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 said Board of Commissioners at two (2)
regular consecutive meetings held on June 22, 1982 and on June
4796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
30, 1982.
This 30th day of June, 1982.
/s/ Patrick C. Glisson, Clerk,
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 June 10, June 17, and June 24, 1982.
/s/ Gerald W. Crane, Publisher
Decatur-DeKalb News
Sworn to and Subscribed before me this 24th day of June,
1982.
/s/ Linda L. Orr
Notary Public
(Affix Seal and Date of Expiration)
(Seal)
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 June 22, 1982, at 9:00
a.m. and on June 30, 1982 at 3:00 p.m., at the DeKalb County
Courthouse, Decatur, Georgia, an Ordinance pertaining to the
compensation and expenses of judges, constables and other per-
sonnel of certain courts of limited jurisdiction, as defined under
House Bill No. 1847, providing for the expenses of the operation
of said Courts, and for other purposes.
GEORGIA LAWS 1983 SESSION
4797
The public is hereby further notified that in order to adopt
said ordinance, it is necessary for the Board of Commissioners to
adopt an ordinance at two (2) regular consecutive meetings held
not less than seven (7) nor more than sixty (60) days apart,
under the authority having been granted the Board of Commis-
sioners by the Home Rule provisions for counties of the Consti-
tution of the State of Georgia.
The public is hereby further notified that a copy of said pro-
posed ordinance has been filed with the Clerk of DeKalb Supe-
rior Court, DeKalb County Courthouse, Decatur, Georgia, for
public examination and inspection, and that copies are available
from him for interested members of the public.
This 8th day of June, 1982.
Manuel J. Maloof
Chairman, Board of
Commissioners, DeKalb
County, Georgia
Filed in the Office of the Secretary of State July 1, 1982.
DEKALB COUNTYLICENSE REVIEW BOARD
CREATED.
AN ORDINANCE
By the Board of Commissioners of DeKalb County, Georgia,
under the Home Rule provisions for the counties of the Consti-
tution of the State of Georgia, to amend an act, as amended,
pertaining to the governing authority of DeKalb County, Geor-
gia, creating a Chairman and Board of Commissioners for
DeKalb County, prescribing their duties, responsibilities, terms
of office and related matters, by an act of the General Assembly
of 1956, Ga. Laws 1956, P. 3237, Section 12, as amended by
Georgia Laws 1959, P. 2658, Sections 1, 2; Ga. Laws 1963, P.
4798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3324, Section 1, so as to amend said 1956 Act to provide for the
creation of a License Review Board or boards, to define their
duties and matters to be reviewed, to provide for review, and
other matters; to delete certain provisions pertaining to the de-
posit of funds received, 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 governing authority of DeKalb County, Geor-
gia, creating a Chairman and Board of Commissioners for
DeKalb County, prescribing their duties, responsibilities, terms
of office and related matters, by an Act of the General Assembly
of 1956, Ga. Laws 1956, p. 3237, Section 12, as amended by
Georgia Laws 1959, p. 2658, Sections 1, 2; Ga. Laws 1963, P.
3324, Section 1, be and the same is hereby further amended as
follows:
I
By amending Section 12 to add the following language: The
Board shall be further authorized and empowered to establish a
license review board or boards by whatever name known, to des-
ignate the duties of, composition of, and matters to be reviewed
by such board or boards, the decisions of which shall be by writ-
ten findings of fact and conclusion which shall be a final deter-
mination of the issues presented and shall be subject to review
by certiorari as provided by law for the review of inferior judica-
tories. The findings of fact shall not be set aside, nor decision of
the board or boards reversed for factual reasons, unless clearly
erroneous, due regard being given to these triers of fact to judge
the credibility of witnesses,
by further amending Section 12 to delete the following lan-
guage in its entirety:
and all funds received from same shall be paid into the
county depository as general funds of said county,
so that said section, when amended, shall read as follows:
GEORGIA LAWS 1983 SESSION
4799
To fix, levy and assess license fees, charges or taxes on all
persons, firms and corporations engaging in or offering to engage
in any trade, business, calling, avocation, or profession, or oper-
ating buses upon the county maintained public streets, roads
and highways, in the area of DeKalb County, Georgia, outside
the incorporated limits of municipalities situated therein, except
businesses which are subject to regulation by the state public
service commission, and to classify all such persons, firms and
corporations subject to this act according to the nature, manner
and size of business conducted by such persons, firms and corpo-
rations and to fix, levy and assess different license fees, charges
or taxes against different classes of trades, businesses, callings,
avocations or professions. Such licenses shall be issued, annually
or otherwise, and may be revoked, cancelled or suspended after
notice and a hearing, in accordance with rules prescribed by said
board. The Board shall be further authorized and empowered to
establish a license review board or boards by whatever name
known, to designate the duties of, composition of, and matters
to be reviewed by such board or boards, the decisions of which
shall be by written findings of fact and conclusion which shall be
a final determination of the issues presented and shall be subject
to review by certiorari as provided by law for the review of infer-
ior judicatories. The findings of fact shall not be set aside, nor
decision of the board or boards reversed for factual reasons, un-
less clearly erroneous, due regard being given to these triers of
fact to judge the credibility of witnesses. Said Board shall be
further authorized and empowered to adopt ordinances and res-
olutions to govern and regulate all such trades, businesses, call-
ings, avocations or professions, not contrary to regulations pre-
scribed by general law, for the purpose of protecting and
preserving the health, safety, welfare and morals of the citizens
of said county, and to prescribe penalties for the violation of any
such ordinance and resolutions, including the operation of such
businesses without the obtaining of a license or when such li-
cense is revoked or suspended. Payment of said license fees,
charges or taxes may be enforced by fi fas issued by the gov-
erning authority of said county and levied by any officer in said
county authorized by law to levy fi fas for taxes, assessments,
fines, costs or forfeitures due said county. Said Board shall be
authorized, in its discretion, to require any and all persons, firms
or corporations licensed under this act to give a bond payable to
DeKalb County and conditioned to pay said county or anyone
4800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
else, suing in the name of said county and for their use, for inju-
ries or damages received on account of dishonest, fraudulent,
immoral or improper conduct in the administration of the busi-
ness so licensed, such bond to be fixed and approved by said
board of commissioners but not to exceed the sum of $5,000.
Such license fees, charges or taxes shall be in addition to all
other taxes or assessments heretofore or hereafter levied by said
county.
II
All laws or parts of law in conflict with this ordinance are
hereby repealed.
III
Should any part, portion or paragraph of this ordinance be de-
clared unconstitutional or void by a court of competent jurisdic-
tion, such declaration shall not affect the remaining portions of
this Ordinance not so declared to be invalid, but the same shall
remain in full force and effect as if separately adopted.
IV
This ordinance shall be presented to the Board of Commis-
sioners of DeKalb County for adoption at two regular consecu-
tive meetings of the County Commissioners, held not less than
seven (7) nor more them sixty (60) days apart after notice con-
taining a synopsis of the proposed amendment shall have been
published in the official organ of DeKalb County once a week for
three (3) weeks within a period of sixty (60) days immediately
preceeding its final adoption, such notice stating that a copy of
the proposed amendment is on file in the office of the Clerk of
Superior Court of DeKalb County for the purpose of examina-
tion and inspection by the public.
V
This ordinance shall be first presented to the Board of Com-
missioners of DeKalb County on the 28th day of September
1982, and again on the 12th day of October, 1982 at the regular
time and place of the meeting of said Board.
GEORGIA LAWS 1983 SESSION
4801
VI
A copy of this ordinance shall be filed with the Clerk of
DeKalb Superior Court for the purpose of examination and in-
spection by the public, along with sufficient copies of 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 12th day of October, 1982.
/s/ Manuel J. Maloof, Chairman
Board of Commissioners,
DeKalb County, Georgia
Attest:
/s/ Patrick C. Glisson, Clerk,
Board of Commissioners,
DeKalb County, Georgia
Approved as to Form:
/s/ George P. Dillard
County Attorney
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 said Board at two regular consecutive
4802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
meetings held on September 28, 1982 and on October 12, 1982.
This 13 day of October, 1982.
/s/ Patrick C. Glisson, Clerk,
Board of Commissioners of
DeKalb County, Georgia
/s/ Gene H. Doi
Notary Public
Sworn to and subscribed before me this 13 day of October,
1982.
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within aforesaid County and State, GERALD W. CRANE, Pub-
lisher of the Decatur-DeKalb News, a newspaper published in
Decatur, County of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the public notice, a true copy of which
is attached hereto, was published in said newspaper in its issues
of the 23rd, and 30th of September, 1982 and the 7th day of
October, 1982.
/s/ Gerald W. Crane, Publisher
Decatur-DeKalb News
/s/ Linda L. Orr
Notary Public
Sworn to and subscribed before me this 7th day of October,
1982.
Affix Seal and Date of
Expiration.
June 21, 1985
(Seal)
GEORGIA LAWS 1983 SESSION
4803
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 September 28, 1982 and
October 12, 1982, an Ordinance to amend'the act pertaining to
the governing authority of DeKalb County, Georgia, creating a
Chairman and Board of Commissioners for DeKalb County,
known as Ga. Laws 1956, p. 3237, et seq., as amended, so as to
amend said 1956 act to provide for the creation of a license re-
view board, or boards, to define their duties and other matters,
to delete certain provisions pertaining to the deposit of funds
received, and for other purposes.
The public is hereby further notified that in order to amend
said act, it is necessary for the Board of Commissioners to adopt
an ordinance at two regular consecutive meetings held not less
than seven (7) nor more than sixty (60) days apart which ordi-
nance specifically states the changes to be made in the original
act, the authority to amend the original act having been granted
under the home rule provisions for counties of the Constitution
of the State of Georgia.
The public is hereby further notified that a copy of said pro-
posed ordinance has been filed with the Clerk of DeKalb Supe-
rior Court, DeKalb County Courthouse, Decatur, Georgia, for
public examination and inspection, and that copies of said ordi-
nance are available from him for interested members of the
public.
This 22nd day of September, 1982.
Manuel J. Maloof, Chairman,
Board of Commissioners,
DeKalb County, Georgia
Filed in the Office of the Secretary of State October 21, 1982.
4804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DEKALB COUNTYMERIT
SYSTEM ACT AMENDED.
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, pertaining
to the DeKalb County Merit System, establishing a Merit Sys-
tem in DeKalb County for employees of DeKalb County, creat-
ing a Merit System Council, prescribing their duties, responsibilr
ities, terms of office, method of appointment and related
matters, by an act of the General Assembly of 1956, Georgia
Laws, 1956, P. 3111, et seq., as amended, so as to amend said
1956 Act, as amended, to provide for the review of personnel
actions involving dismissals, and for other purposes.
Be it ordained by the Board of Commissioners of DeKalb
County, Georgia, and it is hereby ordained by the authority of
same, pursuant to the Home Rule Provisions for counties of the
Constitution of the State of Georgia, that the Act, as amended,
pertaining to the DeKalb County Merit System, establishing a
Merit System in DeKalb County for the employees of DeKalb
County, creating a Merit System Council, prescribing their du-
ties, responsibilities, terms of office, method of appointment and
related matters, known as Georgia Laws 1956, p. 3111, et seq., as
amended, be and the same is hereby further amended as follows:
I
By deleting Section 5 in its entirety and substituting in lieu
thereof the following:
(a) No permanent classified employee of any department or
office of the County which has been brought under the merit
system pursuant to this Act may be dismissed from employment
in said department of office except for good cause and in accor-
dance with the rules and regulations of the merit system, as ap-
proved by the governing authority of the county. Any employee
so dismissed shall have the right of appeal pursuant to the rules
and regulations so adopted for that purpose, by filing his notice
of appeal in writing with the merit system director within ten
GEORGIA LAWS 1983 SESSION
4805
(10) days after the date of his dismissal. The merit system coun-
cil shall hear and determine said appeal within forty-five (45)
days after it is filed during which time said council must afford
the dismissed employee a hearing before said council which may
be continued from time to time, to fully explain his conduct for
which he was dismissed. The Council shall adopt, and may
amend from time to time, rules of procedure to afford an expedi-
tious and orderly hearing. A simple majority of the council mem-
bers shall constitute a quorum for the conduct of any hearing or
business to be transacted by council. Action of the council shall
be by vote of a majority of members present at a meeting where
a quorum is present.
(b) The Merit System Council may reverse a dismissal only
upon a finding that it was based upon an error in fact or was
motivated by a non job related factor.
(c) The decision of the Merit System Council shall be in writ-
ing, dated and signed by the council chairman. The written deci-
sion shall contain findings of fact and conclusions and shall
clearly set forth the grounds for such decision and the vote of
the council members.
(d) All reviews of a final decision of the merit system council
shall be by writ of certiorari from the superior court of DeKalb
County according to law on application of the county or the dis-
missed employee. On review the decision of the council, with re-
spect to all findings of fact shall be conclusive and shall not be
reversed except upon a determination by the court that such
findings were clearly erroneous, giving due regard to the exclu-
sive opportunity of the Council to judge the credibility of the
witnesses.
(e) An employee dismissed from employment in any office or
department of the county due to curtailment in funds, reduction
in staff, or abolition of the job held by such employee shall have
no right of appeal.
II
All laws or parts of law in conflict with this Ordinance are
hereby repealed.
4806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
III
Should any part, portion or paragraph of this Ordinance be
declared unconstitutional or void by a Court of competent juris-
diction, 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 Commis-
sioners of DeKalb County for adoption at two regular consecu-
tive meetings of the County Commissioners, held not less than
seven (7) nor more than sixty (60) days apart after notice con-
taining a synopsis of the proposed amendment shall have been
published in the official organ of DeKalb County once a week for
three (3) weeks within a period of sixty (60) days immediately
preceeding its final adoption, such notice stating that a copy of
the proposed amendment is on file in the office of the Clerk of
Superior Court of DeKalb County for the purpose of examina-
tion and inspection by the public.
V
This Ordinance shall be first presented to the Board of Com-
missioners of DeKalb County on the 26th day of October, 1982,
and again on the 9th day of November, 1982, at the regular time
and place of the meeting of said Board.
VI
A copy of this Ordinance shall be filed with the Clerk of
DeKalb Superior Court for the purpose of examination and in-
spection by the public, along with sufficient copies of 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.
GEORGIA LAWS 1983 SESSION
4807
Adopted by the DeKalb County Board of Commissioners this
9th day of November, 1982.
/s/ Manuel J. Maloof, Chairman
Board of Commissioners
DeKalb County, Georgia
(Seal)
Attest:
/s/ Gene H. Doi, Deputy Clerk
Board of Commissioners
DeKalb County, Georgia
Approved as to Form:
/s/ George P. Dillard
County Attorney
State of Georgia
County of DeKalb
I, Gene H. Doi 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 said Board at two (2) regular consecutive
meetings held on October 26, 1982 and on November 9, 1982.
This 9th day of November, 1982.
/s/ Gene H. Doi, Deputy Clerk
Board of Commissioners
DeKalb County, Georgia
Sworn to and subscribed before me this 9th day of November,
1982.
/s/ Stella L. Crumbley
Notary Public
Notary Public State at Large
My Commission Expires Sept. 9, 1985
(Seal)
4808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within aforesaid County and State, GERALD W. CRANE, pub-
lisher of the Decatur-DeKalb News, a newspaper published in
Decatur, County of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the Public Notice, a true copy of
which is attached hereto, was published in said newspaper in its
issues of October 21st, 28th, and November 4th, 1982.
/s/ Gerald W. Crane, Publisher
Decatur-DeKalb News
Sworn to and subscribed before me this 4th day of November,
1982.
/s/ Linda L. Orr
Notary Public
(Seal)
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 October 26, 1982 and No-
vember 9, 1982, an Ordinance to amend the act creating the
DeKalb County Merit System Council, known as Georgia Laws
1956, p. 3111, et seq., as amended, so as to amend said 1956 Act
to provide for the review of personnel actions involving dismis-
sals, and for other purposes.
The public is hereby further notified that in order to so
amend said Act, it is necessary for the Board of Commissioners
to adopt an Ordinance at two regular consecutive meetings held
not less than seven (7) nor more than sixty (60) days apart,
which Ordinances 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 the counties
of the Constitution of the State of Georgia.
The public is hereby notified that a copy of said proposed or-
GEORGIA LAWS 1983 SESSION
4809
dinance has been filed with the Clerk of DeKalb Superior Court,
DeKalb County Courthouse, Decatur, Georgia, for public exami-
nation and inspection, and that copies of said ordinance are
available from him for interested members of the public.
This 20th day of October, 1982.
Manuel J. Maloof
Chairman, Board of Commissioners
DeKalb County, Georgia
Filed in the Office of the Secretary of State November 18,
1982.
FLOYD COUNTYCOMPENSATION FOR JUDGES OF
COURTS OF LIMITED JURISDICTION.
An Ordinance of the Board of Commissioners of Floyd
County, Georgia to provide a method of compensating judges of
Courts of limited jurisdiction in accordance with House Bill No.
1847 known as the Courts of Limited Jurisdiction Compensa-
tion Act of 1982.
Be It Ordained by the Board of Commissioners of Floyd
County, Georgia, and it is hereby ordained by the authority of
the same as follows:
Section 1. Pursurant to the Courts of Limited Jurisdiction
Compensation Act of 1982, the Board of Commissioners of Floyd
County, Georgia does hereby elect to provide compensation for
the judges of the Courts of Limited Jurisdiction on a salary basis
as provided in Section 5 of said Act and effective July 1, 1982
each full-time and part-time judge as determined by Section 7 of
said Act shall be compensated by a reasonable salary to be es-
tablished by the Board of Commissioners of Floyd County,
Georgia. The salaries shall be the same for all full-time judges
and the same for all part-time judges. Said salary shall be deter-
4810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mined by the Board of Commissioners of Floyd County, Georgia
and shall be determined by Resolution of the Board of Commis-
sioners and established for such a length of time as shall be de-
termined by the Board of Commissioners of Floyd County,
Georgia.
Section 2. This Ordinance is adopted by the Board of Com-
missioners of Floyd County, Georgia, pursuant to the provisions
of the Constitution of the State of Georgia providing for home
rule for counties.
Section 3. This Ordinance shall become effective when a no-
tice containing a synopsis hereof and stating that a copy hereof
is on file in the Office of the Clerk of the Superior Court of
Floyd County, Georgia for the purpose of examination and in-
spection by the public shall have been published in the Rome
News Tribune, the official gazette of the County, once a week for
three weeks immediately preceding its find adoption, the same
shall have been adopted at two regular consecutive meetings of
the Board of Commissioners of Floyd County, Georgia not less
than seven nor more than sixty days apart, and a certified copy
thereof shall have been filed with the Secretary of the State of
Georgia, all in compliance with the provisions of the Constitu-
tion of the State of Georgia.
Section 4. All Ordinances or parts thereof in conflict here-
with are hereby repealed.
This 22nd day of June, 1982.
Floyd County Board of
Commissioners
By: /s/ Anne Rigas
Chairman
Attest:
/s/ Sue Broome
Deputy Clerk
(Seal)
GEORGIA LAWS 1983 SESSION
4811
State of Georgia
County of Floyd
I, Richard L. McCullough, Clerk of the Board of Commission-
ers of Floyd County, Georgia, do hereby certify that the above
and foregoing Resolution is a true and correct copy of the Reso-
lution adopted by the Board of Commissioners of Floyd County,
Georgia, at two regular consecutive meetings on the 8th day of
June, 1982 and on the 22nd day of June, 1982.
/s/ Richard L. McCullough, Clerk
(Seal)
State of Georgia
County of Floyd
In person before the undersigned attesting officer appeared
the undersigned who on oath says that they are duly authorized
representative of the Rome News Tribune and authorized to
make this affidavit and that the advertisement as per attached
clipped has been published in the Rome News Tribune on the
following dates: June 3, 1982; June 10, 1982 and June 17, 1982.
/s/ B. H. Mooney, Jr.
Sworn to and subscribed before me this 25th day of June,
1982.
/s/ Debra Whitener
Notary Public
(Seal)
State of Georgia
County of Floyd
Notice of Proposed Action to be Taken Under the Provisions
of the Home Rule Amendment to the Constitution of the
4812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia
Notice to the Public
Notice is hereby given that the Floyd County Board of Com-
missioners proposes to adopt the following Ordinance under the
provisions of the Home Rule Amendment to the Constitution of
the State of Georgia, copies of which are on file in the Office of
the Clerk of Superior Court of Floyd County, Georgia. The Clerk
of said Court will furnish anyone, upon written request, a copy
of said Resolution.
Synopsis of Proposed Ordinance
Said Resolution and Ordinance shall provide that pursurant
to the Courts of Limited Jurisdiction Compensation Act of 1982,
the Board of Commissioners of Floyd County, Georgia does
hereby elect to provide compensation for the judges of the
Courts of Limited Jurisdiction on a salary basis as provided in
Section 5 of said Act, and effective July 1, 1982 each full-time
and part-time judge as determined by Section 7 of said Act shall
be compensated by a reasonable salary to be established by the
Board of Commissioners of Floyd County, Georgia. The salaries
shall be the same for all full-time judges and the same for all
part-time judges. Said salary shall be determined by the Board
of Commissioners of Floyd County, Georgia and shall be deter-
mined by Resolution of the Board of Commissioners and estab-
lished for such a length of time as shall be determined by the
Board of Commissioners of Floyd County, Georgia.
The Board of Commissioners
of Floyd County, Georgia
By: Sue Broome, Deputy Clerk
Filed in the Office of the Secretary of State July 1, 1982.
GEORGIA LAWS 1983 SESSION
4813
ROCKDALE COUNTYCOMPENSATION FOR
JUDGESCOURTS OF LIMITED JURISDICTION.
RESOLUTION
Whereas, House Bill 1847, 1982 Georgia Laws, Courts of
Limited Jurisdiction Compensation Act of 1982 provides for
the compensation of judges of certain courts of limited jurisdic-
tion; and,
Whereas, House Bill 1847 allows the governing authority of
each county to establish a reasonable salary for each full-time
and part-time judge effective July 1, 1982, and known as Plan of
Compensation A; and,
Whereas, said Plan of Compensation shall be adopted by Res-
olution in accordance with the provisions of Paragraph I of Sec-
tion II of Article IX of the Constitution relating to home rule for
counties.
Therefore be it Resolved by the Board of Commissioners of
Rockdale County, Georgia:
a. Rockdale County, Georgia elects Plan of Compensation
A as set forth in House Bill 1847;
b. Rockdale County, Georgia shall compensate full-time
judges of the Courts of Limited Jurisdiction the sum of Six
Thousand ($6,000.00) Dollars annually to paid in equal
monthly installments;
c. Rockdale County, Georgia shall compensate part-time
judges of the Courts of Limited Jurisdiction the sum of Four
Thousand ($4,000.00) Dollars annually to paid in equal
monthly installments;
d. Rockdale County, Georgia makes the election of Plan of
Compensation A in accordance with the provisions of Par-
agraph I of Section II of Article IX of the Constitution relat-
ing to home rule for counties;
e. Rockdale County, Georgia shall send copies of this Resolu-
tion, upon adoption, by first-class mail to the judges of the
4814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Courts of Limited Jurisdiction.
This the 30th day of June, 1982.
Rockdale County Board of
Commissioners
/s/ C. S. Smith, Jr.
/s/ C. D. Trollinger
Attest:
/s/ Sarah R. Alexander
Ex-Officio Clerk
Approved As to Form:
/s/ Sidney Nation
County Attorney
First Reading: June 22nd, 1982
Second Reading: June 30, 1982
Certification
I, Sarah R. Alexander, Ex-Officio Clerk of the Board of Com-
missioners of Rockdale County, Georgia, hereby certify that the
foregoing is a true and correct copy of an original Resolution
entitled: #R-1982-8 House Bill 1847, 1982 Georgia Laws, Court
of Limited Jurisdiction Compensation Act of 1982, and same
was duly adopted by the Board of Commissioners of Rockdale
County at a public meeting held on June 22, 1982 and June 30,
1982, and I further certify that said resolution has been neither
amended, modified nor repealed, but remains of force and effect.
In witness whereof, I hereunto set by hand and affix the seal
of the County, this 30th day of June, 1982.
/s/ Sarah R. Alexander
Ex-Officio Clerk
Board of Commissioners
Rockdale County, Georgia
Seal
GEORGIA LAWS 1983 SESSION
4815
Affidavit of Publication
State of Georgia
County of Rockdale
Personally appeared before the undersigned Jane O. Patterson
who on oath says that she is Advertising Director of The
Rockdale Citizen, and that the legal advertisement which ap-
pears below was published in said newspaper on the following
dates: June 10, 17 & 24, 1982.
/s/ Jane O. Patterson
Legal Notice to the General Public Home Rule Adoption of
House Bill 1847
Pursuant of Article IX, Section II, Paragraph 1 of the Georgia
Constitution [Ga. Code Ann. 2-5091], the Board of Commission-
ers of Rockdale County, Georgia is adopting a Resolution in
compliance with House Bill 1847.
The Resolution is concerned with the following general topics
or areas of local government:
To elect the method of compensation of judges of the courts of
limited jurisdiction and to set the compensation of said judges.
The notice is intended as a synopsis of the proposed Resolu-
tion and a copy of the proposed Resolution is on file in the office
of the Clerk of Superior Court of Rockdale County for the pur-
pose of examination and inspection by the general public. The
Clerk of Superior Court shall furnish anyone, upon written re-
quest, a copy of the proposed Resolution.
Sworn to and subscribed before me this 1st day of July, 1982.
/s/ Laura J. Henderson
Notary Pubic
(Seal)
My Commission Expires July 1, 1985
Filed in the Office of Secretary of State July 12, 1982.
4816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHARTER AMENDMENTS
ADOPTED
PURSUANT TO
THE MUNICIPAL HOME RULE
ACT OF 1965 AS AMENDED
GEORGIA LAWS 1983 SESSION
4817
CITY OF ALBANYCIVIC CENTER OPERATION
An Ordinance Entitled 82-193
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 provide for the authority of the City
Manager in the operation of the Civic Center; repealing ordi-
nances 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 the authority of
same:
Section 1. Section 4 of the Charter of the City of Albany,
entitled City Manager, is amended by adding an additional
paragraph to subsection (14) of said Section, to read as follows:
Notwithstanding the provisions of the foregoing subsection
and the provisions of subsection (8) hereof, the City Manager
shall have authority to make and execute all contracts,
franchises, and leases in connection with the operation of the
Albany Civic Center. The City Manager may delegate all or any
portion of his authority in this connection, but shall remain re-
sponsible for the proper use of said authority.
Section 2. This ordinance shall become effective immediately
upon its adoption by the Board of Commissioners of the City of
Albany at two regular consecutive meetings, and after compli-
ance with all of the provisions of the Municipal Home Rule Act
of 1965, as amended.
Section 3. All charter provisions and laws or parts of charter
provisions and laws in conflict herewith are repealed.
/s/ James H. Gray, Sr.
Mayor
4818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Joann Pope
City Clerk
Adopted: October 26, 1982
Adopted: November 9, 1982
I do hereby certify that this is a true and correct copy.
/s/ Joann Pope
City Clerk
Affidavit of Publisher
State of Georgia
County of Dougherty
Personally appeared before the undersigned, an officer author-
ized to administer oaths in said State and County, Geoffrey L.
Gray, who, having been sworn states that he is Advertising Di-
rector for the Albany Herald Publishing Company, Inc., that the
Albany Herald Publishing Company, Inc., is the publisher of the
Albany Herald, a daily newspaper of general circulation in the
City of Albany, and the paper in which the sheriffs advertise-
ments for Dougherty County, Georgia are published, and that
the legal notice, a copy of which is attached hereto, was pub-
lished in the Albany Herald once a week for three weeks on the
following dates: October 22, October 29 and November 5, 1982.
/s/ Geoffrey L. Gray
Sworn to and subscribed before me this 11 day of Nov. 1982.
/s/ Pauline Buckner
Notary Public
My Commission Expires May 24, 1985.
(Seal)
Notice
Notice is given that there has been filed with the Clerk of the
City of Albany, Georgia, an ordinance proposing under the Mu-
GEORGIA LAWS 1983 SESSION
4819
nicipal Home Rule Act of 1965 to amend the Charter of the City
of Albany so as to provide for the authority of the City Manager
in the operation of the Albany Civic Center.
A copy of said ordinances 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
Oct. 22, 29; Nov. 5, 1982
Filed in the Office of the Secretary of State November 15,
1982.
CITY OF ATLANTACOMPREHENSIVE
DEVELOPMENT PLANS
An Ordinance to amend the Charter of the City of Atlanta
(Ga. L. 1973, p. 2188 et seq., approved March 16, 1973, as
amended by Ga. L. 1976, p. 4534, et seq., approved April 15,
1975 and in particular Section 3-603(a) thereof), so as to provide
that the Mayor shall submit to The Council the One, Five and
Fifteen Year Comprehensive Development Plans not later than
its first regular meeting in May of each year and that The Coun-
cil shall adopt Comprehensive Development Plans not later than
the last regular council meeting in July of each year; to repeal
conflicting laws and other purposes.
Be and it is hereby ordained by The Council of the City of
Atlanta, as follows:
Section 1. That Section 3-603(a) of the Charter of the City of
4820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973,
as amended by Ga. L. 1976, p. 4534, et seq., approved April 15,
1975, is hereby amended by striking said subsection (a) of Sec-
tion 3-603 and inserting in lieu thereof the following subsection
(a):
(a) Prior to the preparation of each comprehensive develop-
ment plan, the Mayor shall have hearings held in each Council
District in such manner as the Council shall prescribe by ordi-
nance. The Mayor shall submit to the Council such plans that
will include a fifteen year, five year, and one year Comprehen-
sive Development Plan, along with a Comprehensive Land Use
Plan for all property within the City limits. These plans, up-
dated each year, shall be submitted to the Council not later than
its first regular meeting in May of each year. Beginning with the
transmittal date of said plans to Council, the general public shall
be afforded a period of 45 consecutive calendar days in which to
review said plans. Subsequent to the expiration of the aforemen-
tioned 45-day period, the Council shall conduct public hearings
concerning such plans. Thereafter, the Council shall adopt Com-
prehensive Development Plans, after making any amendments
or revisions thereto that the Council considers appropriate, but
not later than the last regular Council meeting in July of each
year. Such plans shall be effective for the calendar year of
adoption.
Section 2. That a copy of this proposed amendment to the
Charter of the City of Atlanta shall be filed in the Office of the
Clerk of the Council and in the Office of the Clerk of the Council
and in the Office of the Clerk of the or the official organ of
Fulton County and that a copy of said advertisement be at-
tached to this Ordinance prior to its final adoption by the
Council.
Section 3. The effective date of this Ordinance shall be Jan-
uary 1, 1982.
Section 4. That all laws and parts of laws in conflict herewith
are hereby repealed.
Adopted by City Council Dec. 21 1981
GEORGIA LAWS 1983 SESSION
4821
Approved by the Mayor Dec. 24 1981
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Proposed City of Atlanta
Charter Amendment, a true copy of which is hereto annexed,
was published in said newspaper in its issue of the 3, 10, 17th
day of December 1981.
Gerald W. Crane, Co-Publisher
By: /s/ Linda L. Orr, Agent
Sworn to and subscribed before me this 17th day of Decem-
ber, 1981.
/s/ Samme Johnson
Notary Public
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, as amended by Ga. L.
1976, p. 4534, et seq., approved April 15, 1975), so as to amend
Chapter VI of the Charter to provide sufficient time for public
review of the Comprehensive Development Plan (45 consecutive
calendar days) before a public hearing(s) is scheduled by the
City Council; to change the adoption date of the Comprehensive
Development Plan by the City Council from the month of June
to the month of July; to provide for the publication in a newspa-
per of general circulation with respect to the above change; to
repeal conflicting laws; and for other purposes.
4822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 17th day of November, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned Notary Pub-
lic, who after being duly sworn, states under oath that he/she is
the representative of Atlanta Newspapers, Proprietors of The
Atlanta Journal (Daily Evening), The Atlanta Constitution
(Daily Morning), The Atlanta Journal and The Atlanta Consti-
tution (Saturday), and The Atlanta Journal and The Atlanta
Constitution (Sunday), Newspapers of general circulation pub-
lished in the City of Atlanta, Georgia, and who further states
under oath that the advertisement attached hereto and made a
part of this affidavit appeared in the Atlanta Constitution on
December 3, 10 and 17, 1981. PO # 15221
/s/ Suzanne A. Culver
Sworn to and subscribed before me, this 31st day of Decem-
ber, 1981.
/s/ Anne S. McGlen
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984
Notice of Proposed Amendment to Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
GEORGIA LAWS 1983 SESSION
4823
to amend the Charter of the City of Atlanta (Ga. L. 1973, p.
2188, et seq., approved March 16, 1973, as amended by Ga. L.
1976, p. 4534, et seq., approved April 15, 1975), so as to amend
Chapter VI of the Charter to provide sufficient time for public
review of the Comprehensive Development Plan (45 consecutive
calendar days) before a public hearing(s) is scheduled by the
City Council; to change the adoption date of the Comprehensive
Development Plan by the City Council from the month of June
to the month of July; to provide for the publication in a newspa-
per of general circulation with respect to the above change; to
repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 17th day of November, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Publishers Affidavit
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the 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 Dec., 1981 as
provided by law.
/s/ Francis K. Beck
4824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, as amended by Ga. L.
1976, p. 4534, et seq., approved April 15, 1975), so as to amend
Chapter VI of the Charter to provide sufficient time for public
review of the Comprehensive Development Plan (45 consecutive
calendar days) before a public hearing(s) is scheduled by the
City Council; to change the adoption date of the Comprehensive
Development Plan by the City Council from the month of June
to the month of July; to provide for the publication in a newspa-
per of general circulation with respect to the above change; to
repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This the 17th day of November, 1981.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Subscribed and sworn to before me this 12th day of Jan. 1982.
/s/ Sara H. Allen
Notary Public, Georgia State at Large
My Commission Expires Aug. 23, 1985
Filed in the Office of the Secretary of State January 21, 1982.
GEORGIA LAWS 1983 SESSION
4825
CITY OF ATLANTAQUADRENNIAL RELEGATION OF
PENDING LEGISLATION
An Ordinance amending the Charter of the City of Atlanta
(adopted under and by the Municipal Home Rule Act of 1965, p.
298 et seq.) as amended, Article 2, Legislative, Chapter 4 Proce-
dures of Council, by adding a new Section 2-408 entitled Quad-
rennial Relegation of Pending Legislation; and for other
purposes.
Be it Ordained and Enacted by the Council of the City of At-
lanta, Georgia as follows:
Section 1: That Article 2, Chapter 4, of the Charter of the
City of Atlanta be amended, by adding a new Section as follows:
Section 2-408 Quadrennial Relegation of Pending
Legislation.
Following the General Election, and on a quadrennial basis, all
pending legislation in Committee will be automatically adversed
or filed at the last Council meeting in December of that year.
Section 2: That all ordinances and parts of ordinances in
conflict herewith are hereby repealed.
Adopted by City Council Mar. 3 1982
Approved by the Mayor Mar. 9 1982
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Notice of Proposed
Amendment-new Section 2-408, a true copy of which is hereto
4826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
annexed, was published in said newspaper in its issue of the 11,
18, 25th day of February, 1982
Gerald W. Crane, Co-Publisher
By: /s/ Linda L. Orr
Agent
Sworn to and subscribed before me this 25th day of February,
1982
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985
(Seal)
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, et seq., approved March 16, 1973) as amended, so as to
amend Article 2, Chapter 4, by adding a new Section 2-408, so as
to provide that all pending legislation before a Committee will
be automatically adversed or filed after the General Election at
the last Council meeting in December of that year, every quad-
rennial; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This 2nd day of February, 1982.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
GEORGIA LAWS 1983 SESSION
4827
Publishers Affidavit
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company, publishers of the Fulton County Daily Report, official
newspaper published at Atlanta, in said county and State, and
that the publication, of which the annexed is a true copy, was
published in said paper on the 11, 18, 25, days of February,
1982. As provided by law.
/s/ Frances K. Beck
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, et seq., approved March 16, 1973), as amended, so as to
amend Article 2, Chapter 4, by adding a new Section 2-408, so as
to provide that all pending legislation before a Committee will
be automatically adversed or filed after the General Election at
the last Council meeting in December of that year, every quad-
rennial; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This 2nd day of February, 1982.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Subscribed and sworn to before me this 26th day of February,
4828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1982
/s/ Sara H. Allen
Notary Public, Georgia State at Large
My Commission Expires Aug. 23, 1985
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned Notary Pub-
lic, who after being duly sworn, states under oath that he/she is
the representative of Atlanta Newspapers, Proprietors of The
Atlanta Journal (Daily Evening), The Atlanta Constitution
(Daily Morning), The Atlanta Journal and The Atlanta Consti-
tution (Saturday), and The Atlanta Journal and The Atlanta
Constitution (Sunday), Newspapers of general circulation pub-
lished in the City of Atlanta, Georgia, and who further states
under oath that the advertisement attached hereto and made a
part of this affidavit appeared in The Atlanta Constitution on
February 11th, 18th and 25th-j PO#15221.
/s/ Janet L. Knox
Sworn to and subscribed before me,
this 15th day of March, 1982.
/s/ Anne S. McGlen
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984
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, et seq., approved March 16, 1973) as amended, so as to
amend Article 2, Chapter 4, by adding a new Section 2-408, so as
to provide that all pending legislation before a Committee will
be automatically adversed or filed after the General Election at
GEORGIA LAWS 1983 SESSION
4829
the last Council meeting in December of that year, every quad-
rennial, to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the Charter is on file in
the Office of the Clerk of Council of the City of Atlanta and the
Office of the Clerk of the Superior Court of Fulton and DeKalb
Counties, Georgia, for the purpose of examination and inspec-
tion by the public.
This 2nd day of February, 1982
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Filed in the Office of the Secretary of State March 30, 1983.
CITY OF ATLANTAPRESIDENT OF
COUNCILPOWERS
An Ordinance
An Ordinance adopted under and by virtue of the Municipal
Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.), as
amended by an Act of General Assembly signed by the Governor
March 18, 1982, so as to change provisions relative to the presi-
dent of council and for other purposes.
Be and it is hereby Ordained by the City Council of the City
of Atlanta, Georgia as follows:
Section 1. That Article II, Chapter 2 of the Charter of the
City of Atlanta (Ga. Laws 1973, P. 2188, et seq.), approved
March 16, 1973, as amended, is hereby further amended by de-
leting subsections (b) and (c) of Section 2-204 and inserting in
lieu thereof the following sections:
4830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) May vote on any issue or question before Council at
any regular or special meeting of the Council.
(c) Shall appoint the members and chairpersons of such
committees as may be established by the Council, pursuant
to its rules, and fill vacancies therein, provided any such ap-
pointments 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 non-
voting member of each such committee.
Section 2. That all ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
Adopted by City Council May 3, 1982
Approved by the Mayor May 4, 1982
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Notice of Proposed
Amendment-President of council may vote, a true copy of which
is hereto annexed, was published in said newspaper in its issue
of the 15, 22, 29th day of April, 1982.
Gerald W. Crane, Co-publisher
By: /s/ Linda L. On-
Agent
Sworn to and subscribed before me this 29th day of April,
1982
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985
(Seal)
GEORGIA LAWS 1983 SESSION
4831
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance to amend Article II,
Chapter 2 of the Charter of the City of Atlanta (Ga. L. 1973, P.
2188 Et Seq.), as amended, approved March 16, 1973, so as to
provide that the president of the council may vote on any issue
or question before council at any regular or special meeting of
the council. He shall be an ex officio nonvoting member of each
committee established by council pursuant to its rules.
A copy of the proposed amendment is on file in the office of
the Clerk of Council of the City of Atlanta, Georgia and in the
offices of the Clerk of the Superior Courts of Fulton and DeKalb
Counties, Georgia for the purposes of examination and inspec-
tion by the public.
This 6th day of April, 1982.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned Notary Pub-
lic, who after being duly sworn, states under oath that he/she is
the representative of Atlanta Newspapers, Proprietors of The
Atlanta Journal (Daily Evening), The Atlanta Constitution
(Daily Morning), The Atlanta Journal and The Atlanta Consti-
tution (Saturday), and The Atlanta Journal and The Atlanta
Constitution (Sunday), Newspapers of general circulation pub-
lished in the City of Atlanta, Georgia, and who further states
under oath that the advertisement attached hereto and made a
part of this affidavit appeared in The Atlanta Constitution on
April 15th, 22nd and 29th.
/s/ Janet L. Knox
4832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of May,
1982.
/s/ Anne S. McGlen
Notary Public, Georgia, State At Large
My Commission Expires Jan. 8, 1984
Notice of Public Hearing
Notice is hereby given that the below described ordinance was
introduced at the meeting of the Atlanta City Council on Mon-
day, April 19, 1982 for first reading.
Said ordinance will come before the City Utilities Committee
for Public Hearing on Wednesday, May 12, 1982 at 2:00 p.m. on
the second floor, City Hall. Those persons desiring to be heard
will be given the privilege. This ordinance shall provide for:
The Abandonment of that Portion of Williams Street, N.W.,
from Fourth Street South to 1-75/85 Right-of-Way,
Given under my hand and seal of office on this the 26th day of
April, 1982.
/s/ Larry M. Dingle
Clerk of Council
Publishers Affidavit
State of Georgia
County of Fulton
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company, publishers of the Fulton County Daily Report,
official newspaper published at Atlanta, in said county and
State, and that the publication, of which the annexed is a true
copy, published in said paper on the 15, 22, 29 days of April,
1982. As provided by law.
/s/ Frances K. Beck
GEORGIA LAWS 1983 SESSION
4833
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance to Amend Article II,
Chapter 2 of The Charter of The City of Atlanta (GA. L. 1973,
P. 2188 ET SEQ.) as Amended, approved March 16, 1973, so as
to provide that the president of council may vote on any issue or
question before council at any regular or special meeting of the
council. He shall be an ex officio nonvoting member of each com-
mittee established by council pursuant to its rules.
A Copy of the proposed amendment is on file in the office of
the clerk of council of the City of Atlanta, Georgia and in the
offices of the Clerk of the Superior Courts of Fulton and DeKalb
Counties, Georgia for the purposes of examination and inspec-
tion by the public.
This 6th day of April, 1982.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Subscribed and sworn to before me this 3rd day of May, 1982
/s/ Sara H. Allen
Notary Public Georgia, State at Large
My Commission expires Aug. 23, 1985
Filed in the Office of the Secretary of State May 13, 1982.
CITY OF ATLANTAREORGANIZATION OF
EXECUTIVE BRANCH
An Ordinance to amend an Ordinance entitled An Ordinance
specifying the names of the Executive Branch of the Govern-
ment, setting forth the duties and functions of each department
4834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof, and defining the internal organization of each depart-
ment, including professional and technical qualifications of each
department head, adopted March 4,1974, and approved March
7, 1974, as subsequently amended, so as to repeal certain divi-
sions and sections of said Ordinance and to substitute in lieu
thereof certain amendments constituting a plan of reorganiza-
tion of the departments of the City of Atlanta, in accordance
with Section 3-302 of the Charter of the City of Atlanta, Georgia
Laws 1973, page 2188, et seq., as amended; to repeal conflicting
laws and ordinances; and for other purposes.
Be and it is hereby Ordained by the Council of the City of
Atlanta, Georgia as follows:
Section 1: That the ordinance adopted by the Council of the
City of Atlanta on March 4, 1974, and approved by the Mayor
on March 7, 1974, relating to the organization of the executive
branch of the government of the City of Atlanta, as subse-
quently amended, is hereby amended as set forth hereinbelow.
Section 2: That Part I, General Organization, Section 1
thereof, of said ordinance be and is hereby amended by deleting
said Section 1 in its entirety and substituting in lieu thereof the
following:
Section 1. The following departments and office and the de-
partment and office heads thereof are hereby created in the Ex-
ecutive Branch of the City of Atlanta:
(a) Department of Administrative Services, to be headed
by a Commissioner of Administrative Services;
(b) Department of Community Development, to be
headed by a Commissioner of Community Development;
(c) Department of Parks, Recreation and Cultural Af-
fairs, to be headed by a Commissioner of Parks, Recreation,
and Cultural Affairs;
(d) Department of Public Safety, to be headed by a Com-
missioner of Public Safety;
GEORGIA LAWS 1983 SESSION
4835
(e) Department of Environment and Streets, to be
headed by a Commissioner of Environment and Streets;
(f) Department of Aviation, to be headed by a Commis-
sioner of Aviation;
(g) Department of Finance, to be headed by a Commis-
sioner of Finance, which shall be the same job as established
by the Charter entitled Director of Finance;
(h) Department of Law, to be headed by the City
Attorney;
(i) Department of Mayor, to be headed by the Chief Ad-
ministrative Officer; and
(j) Office of Economic Development, to be headed by the
Chief of Economic Development.
Section 3: That Part II, Functions and Duties of the Vari-
ous Departments of the Executive Branch, Section 2, be and is
hereby deleted in its entirety, and the following inserted in lieu
thereof:
Section 2. Department of Administrative Services.
(a) The Commissioner of the Department of Administrative
Services shall possess public or private employment experience
in at least two of the following fields at either a supervisory or
subsupervisory capacity for a minimum of two years: purchasing,
real estate acquisition and leasing or management, personnel op-
erations, labor relations, fleet management, general administra-
tive support services, or any related field.
(b) The Department of Administrative Services shall consist
of the following bureaus:
(1) Bureau of Personnel and Human Resources;
(2) Bureau of Purchasing and Real Estate;
(3) Bureau of Motor Transport Services;
(4) Bureau of General Services; and
(5) Bureau of Labor Relations.
4836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The functions and duties of the Department of Adminis-
trative Services shall include designing, implementing and evalu-
ating loss control programs of for the city.
(d) The functions of the Bureau of Personnel and Human
Resources shall include:
(1) Recruiting personnel for classified requirements;
(2) Advertising job opportunities and requirements;
(3) Preparing and administering a pay and classification
plan covering all employees; establishing and maintaining a
roster of all employees;
(4) Administering in-service training and other educa-
tional programs for employees, administering employee bene-
fits and programs; analyzing proposals for employee benefits
and programs;
(5) Coordinating the activities of the Atlanta Civil Ser-
vice Board;
(6) Administering the citys affirmative action program as
it applies to city employment;
(7) Designing reporting formats for evaluating and moni-
toring progress toward achievement of affirmative action
goals;
(8) Administering workers compensation claims;
(9) Recommending city policy based upon federal, state,
and local court decisions and legislative enactments in the
field of affirmative action in employment;
(10) Conducting research to evaluate the effectiveness of
personnel resource utilization as related to employee produc-
tivity, employee development attitudes and morale, turnover,
human resource planning, and employee evaluation; and
(11) Proposing, recommending, and administering Civil
GEORGIA LAWS 1983 SESSION
4837
Service Rules and Regulations.
(e) The functions and duties of the Bureau of Purchasing
and Real Estate shall include:
(1) Purchasing and procurement, products testing and
control, sale and disposition of real and personal property,
land operations and general inventory control;
(2) Acquiring and disposing of real estate in connection
with the programs and projects of the city;
(3) Negotiating leases in connection with the needs of the
programs and projects of the city when authorized or re-
quired by law; and
(4) Assisting in the preparation of contracts for all
branches and agencies of the city government.
(f) The functions and duties of the Bureau of Motor Trans-
port Services shall include:
(1) Supervising, maintaining, repairing, and controlling
certain city vehicles and communications equipment.
(g) The functions and duties of the Bureau of General Ser-
vices shall include:
(1) Providing building and grounds maintenance and re-
pair, and building management for facilities of the city hall
complex;
(2) Providing architectural design, estimation, and con-
struction management for city departments; and
(3) Providing volume duplicating service, printing ser-
vices, mail service, and coordination of telephone services for
city departments.
(h) The functions and duties of the Bureau of Labor Rela-
tions shall include:
4838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Conducting employee labor relations.
Section 4: That Part II, Functions and Duties of the Vari-
ous Departments of the Executive Branch, Section 4, be and is
hereby deleted in its entirety, and the following inserved in lieu
thereof:
Section 4. Department of Community Department.
(a) In addition to the general qualifications hereinbefore set
out, the Commissioner of the Department of Community Devel-
opment shall possess prior public or private employment experi-
ence in at least two of the following fields at a supervisory level
for a minimum of two years: housing and building code enforce-
ment; housing and community development; housing construc-
tion; housing maintenance and operations; urban renewal plan-
ning; planning for land use; planning for economic and social
development; or a related field.
(b) The Department of Community Development shall con-
sist of the following bureaus and offices:
(1) Bureau of Buildings;
(2) Bureau of Planning;
(3) Bureau of Housing and Physical Development;
(4) Office of Comprehensive Employment and Training;
and
(5) Office of Redevelopment.
(c) The functions and duties of the Bureau of Buildings shall
include:
(1) Enforcing all construction codes including building,
plumbing, electrical, heating and air-conditioning, housing
codes and building regulations; regulating housing demoli-
tion; regulating building standards maintenance; supervising
elevator regulations and ordinances; supervising and ad-
ministering the Georgia Fire Safety Law; issuing permits rel-
GEORGIA LAWS 1983 SESSION
4839
ative to the functions contained herein; inspecting buildings;
supervising housing rehabilitation programs and projects;
(2) Providing assistance and advice to the trade examin-
ing boards; keeping all codes up to date with assistance of
advisory boards;
(3) Handling the administration, interpretation and en-
forcement of the zoning ordinance; administering appeals to
such board as is established by ordinance to handle those ap-
peals; and issuing street numbers; and
(4) Assisting builders and developers with their plans
through the various city systems.
(d) The functions and duties of the Bureau of Planning shall
include:
(1) Assisting builders and developers with their plans
through the various city systems;
(2) Assisting builders and developers in maintaining com-
plementary relationships with various neighborhood planning
units and their goals and objectives;
(3) Helping to assure that building and development
plans respect the integrity of various city and neighborhood
structures designed to protect the overall quality of life in
the city and that such plans are in keeping with the citys
overall comprehensive development plan;
(4) Convening on an on-going basis, with the involvement
of neighborhood planning units, a forum through which
housing and related issues can be continuously addressed
and policy and procedures continuously re-evaluated;
(5) Monitoring the net effect of city housing policies in
terms of actual gains in new residents by type and income
categories;
(6) Preparing and updating the 15, five and one-year
comprehensive development plans required by sections 3-601
4840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and 3-602 of the charter with respect to long-range land use,
economic and social matters;
(7) Preparing master plans, zoning ordinances, subdivi-
sion regulations, and the official map required by section 3-
603 of the charter; and
(8) Making comments and recommendations on annexa-
tion petitions and zoning amendments, the zoning districts
and their text, the comprehensive zoning plans, subdivision
regulations and the official map.
(e) The functions and duties of the Bureau of Housing and
Physical Development shall include:
(1) Administering, implementing and executing commu-
nity and neighborhood development and rehabilitation
programs;
(2) Reviewing and coordinating, consistent with law, all
public housing programs and service projects within the city;
(3) Providing relocation assistance to displaced persons
and providing community services and property management
in conjunction with the programs and projects for which
these services are required;
(4) Initiating and conducting programs to improve aes-
thetic conditions within the city; eliminating unsightly condi-
tions that affect the urban environment; and developing and
administering beautification programs;
(5) Assisting builders and developers with negotiating
their plans through the various city systems;
(6) Assisting builders and developers in locating or deter-
mining various financing; and
(7) Assisting in individual cases in bringing together po-
tential developers, financial resources and properties suitable
for the development or rehabilitation of housing.
GEORGIA LAWS 1983 SESSION
4841
(f) The functions and duties of the Office of Comprehensive
Employment and Training shall include:
(1) Planning, developing, and administering of grants,
contracts, and other services associated with federally-funded
skills, training and public service employment programs.
(g) The functions and duties of the Office of Redevelopment
shall include:
(1) Administering, implementing and executing redevel-
opment, renewal and conservation programs; and
(2) Assisting builders and developers in locating or deter-
mining various financing.
Section 5: That Part II, Functions and Duties of the Vari-
ous Departments of the Executive Branch, Section 5, be and is
hereby deleted in its entirety, and the following inserted in lieu
thereof:
Section 5. Department of Parks, Recreation and Cultural
Affairs.
(a) In addition to the general qualifications hereinbefore set
out, the Commissioner of Parks, Recreation, and Cultural Affairs
shall possess experience at a senior supervisory level in at least
two (2) of the following fields for a minimum of two (2) years:
park planning, park management, convention facility manage-
ment, management of cultural organizations, cultural program
administration, or a related field. The experience may be in ei-
ther private or public employment.
(b) The Department of Parks, Recreation, and Cultural Af-
fairs shall consist of the following bureaus:
(1) Bureau of Recreation;
(2) Bureau of Parks Maintenance;
(3) Bureau of Cultural Affairs;
4842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The functions and duties of the Bureau of Recreation
shall include:
(1) Planning, promoting, organizing and supervising a
comprehensive municipal program of recreation; supervising
the recreational use of playgrounds, playfields, recreation
centers, swimming pools, athletic fields and other park and
recreation facilities.
(d) The functions and duties of the Bureau of Parks Mainte-
nance shall include:
(1) Administering and maintaining all parks, park facili-
ties, park property and the city cemetery; administering and
enforcing all ordinances for the protection of trees and
shrubbery; maintaining all trees on city property and city
rights-of-way.
(e) The functions and duties of the Bureau of Cultural Af-
fairs shall include:
(1) Operating and scheduling the use of the zoo, cyclo-
rama, parks, and other special recreational facilities of the
city;
(2) Developing and implementing a program for identify-
ing, acquiring, and preserving historic sites;
(3) Administering a program of municipal support of the
arts; and
(4) Operating and scheduling the civic center.
Section 6: That Part II, Functions and Duties of the Vari-
ous Departments of the Executive Branch, Section 11, be and is
hereby deleted in its entirety, with the following inserted in lieu
thereof:
Section 11. Department of the Mayor.
(a) the Department of the Mayor shall consist of the follow-
ing offices:
GEORGIA LAWS 1983 SESSION
4843
(1) Office of Communications;
(2) Office of Community and Citizen Affairs;
(3) Office of Contract Compliance;
(4) Office of Capital Projects Monitoring;
(5) Office of Budget, Audit and Management; and
(6) Office of Management Systems.
(b) The functions and duties of the Department of the
Mayor shall include actively pursuing state and federal financing
grants.
(c) The functions and duties of the Office of Communica-
tions shall include:
(1) Refining and developing alternatives and recommen-
dations for communications plans and policies for action by
the mayor and council;
(2) Monitoring and regulating the provision of services
and rates charged by any and all CATV franchises in accor-
dance with written contracts and approved regulations;
(3) Interfacing with the private CATV and cable indus-
try, the state and federal governments, and private citizens;
acting as both a coordinator and disseminator of information
affecting the citys plans and policies in the cable area;
(4) Advising the mayor and council as to the suitability of
beginning, renewing, assigning, transferring or terminating
any and all CATV franchises in accordance with written con-
tracts and approved regulations;
(5) Performing an ongoing needs assessment to update
information-transfer capabilities of city government; estab-
lishing a comprehensive radio communications plan; and co-
ordinating the integration of radio, cable, and computers for
transmitting data and information;
4844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) Serving as staff to the Citizens CATV Advisory
Board;
(7) Interfacing with the news media on behalf of the
mayor and city;
(8) Coordinating the public relations activities of the city;
and
(9) Handling various requests for information.
(d) The functions and duties of the Office of Community and
Citizen Affairs shall include:
(1) Providing consumer protection, information and re-
ferral on behalf of city government;
(2) Planning, coordinating, monitoring and evaluating the
delivery of various social services including, but not limited
to, poverty programs, economic opportunity, day care, child
development, human resources development, and programs
for the aged;
(3) Coordinating and contracting for development of so-
cial services with various agencies located within the metro-
politan area including, but not limited to, Fulton Countys
social service agencies, equal opportunity agencies, Commu-
nity Relations Commission, and private agencies; and
(4) Receiving and responding to complaints and inquiries
from members of the public.
(e) The functions and duties of the Office of Contract Com-
pliance shall include:
(1) Monitoring the effectiveness of all city government ef-
forts with regard to promoting equal opportunity in
contracting;
(2) Recommending ordinances, executive and administra-
tive directives to assure that the citys goals and objectives in
the areas of affirmative action, equal opportunity and minor-
GEORGIA LAWS 1983 SESSION
4845
ity and female business enterprise opportunity are imple-
mented in city contracting; and
(3) Administering the citys affirmative action and equal
opportunity programs as they relate to contracting and
purchasing functions.
(f) The functions and duties of the Office of Capital Projects
Monitoring shall include:
(1) Monitoring and reporting the status of capital con-
struction projects.
(g) The functions and duties of the Office of Budget, Audit
and Management shall include:
(1) Preparing recommended budget policies and priorities
for the mayor, preparing the annual capital improvements
program in conformance with the citys adopted comprehen-
sive development plan, and preparing the citys annual oper-
ating and capital budgets in line-item form for the purpose
of making recommendations to the council;
(2) Reviewing recommendations of the commissioner of
finance for conformity with the budget policies; considering
budget appeals from department heads as they relate to
adopted budget policies;
(3) Reviewing and recommending to the mayor proposed
changes and modifications to the adopted budget;
(4) Conducting budget hearings and analyses at the di-
rection of the Mayor and the chief administrative officer.
(5) Preparing budget forms and instructions, and
promulgating budget preparation procedures to departments
and agencies; and
(6) Preparing allotment schedules and personnel controls;
and reviewing monthly and quarterly performance with de-
partments, the mayor, and the chief administrative officer in
cooperation with the Department of Finance.
4846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) Reviewing departmental actions as they relate to
compliance with established goals and policies; coordinating
city goals and policies with those of other governmental and
private agencies;
(8) Periodically evaluating inter- and intra-departmental
operations and functions to determine results, effectiveness
and need for program or policy changes;
(9) Conduct continuous studies and analyses to identify
and secure new sources of revenue;
(10) Provide management assistance to departments;
conduct studies of procedures, processes, and work methods
and assist in the development of performance and impact
measurements;
(11) Review and coordinate ordinances and resolutions
submitted to city council from the various executive branch
departments and agencies;
(12) Providing overall responsibility for the systems anal-
ysis of the citys manual and automated processing of data;
(13) Providing assistance to departments on the use of
management techniques and systems;
(14) Provide record management facilities and systems to
city departments; and
(15) Provide overall monitoring and administration of the
citys Community Development Block Grant program.
(h) The functions and duties of the Office of Management
Systems shall include:
(1) Providing system analysis, computer programming
and operation of electronic data processing equipment for
the purpose of furnishing data processing to all branches and
agencies of city government, subject to priorities for com-
puter usage as established by the Computer Application Pri-
ority Board;
GEORGIA LAWS 1983 SESSION
4847
(2) In conjunction with the Department of Finance, im-
plementing and operating accounting and financial manage-
ment systems of the city and its respective branches, depart-
ments, offices, boards, and commissions, and other agencies
thereof; and
(3) Providing record management facilities and systems
to city departments.
(i) Each office within the Department of the Mayor shall be
headed by a director who shall have the same status of, and
shall function as would the director of a bureau; provided, how-
ever, anything herein to the contrary notwithstanding, the head
of the Office of Contract Compliance shall remain in the classi-
fied service. The directors of said offices shall function under the
direction and supervision of the Chief Administrative Officer.
Additionally, the positions of Coordinator of Cable Communica-
tions, Director of Budget and Grants Management, and the Di-
rector of Audit shall be deemed to have the same status as the
director of a bureau with respect to the provisions of this charter
covering the appointment, term, confirmation, and removal of
directors of bureaus. The Director of Budget and Grants Man-
agement and the Director of Audit shall function under the di-
rection and supervision of the Chief of the Office of Budget, Au-
dit and Management who shall be under the direction and
supervision of the Chief Administrative Officer.
Section 7: That Part II, Functions and Duties of the Vari-
ous Departments of the Executive Branch, shall have added
thereto the new section set forth hereinbelow to read as follows:
Section----Office of Economic Development.
(a) In addition to the general qualifications hereinbefore set
out, the Chief of Economic Development shall possess a masters
degree in business or public administration, industrial engineer-
ing, municipal planning, or a related field, preferably with spe-
cial emphasis on finance, economic development or public-pri-
vate sector coordination of physical development, and six years
of progressively responsible business or public administration
experience involving commercial or industrial development,
community development or a related field involving negotiations
4848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with high level corporate and public officials concerning commu-
nity of industrial development; or any equivalent combination of
education and experience.
(b) The functions and duties of the Office of Economic De-
velopment shall include:
(1) Serving as the focal point in city government for eco-
nomic development;
(2) Coordinating the citys marketing efforts to attract
prospective developers and new industries and to retain and
expand existing business;
(3) Coordinating city efforts with the Atlanta Economic
Development Corporation to foster economic development
within the city;
(4) Coordinating city efforts with the Downtown Devel-
opment Authority, the Atlanta Economic Development Cor-
poration, and the Urban Residential Finance Authority of
the City of Atlanta;
(5) Preparing and coordinating requests for federal assis-
tance under the Urban Development Action Grant Program;
(6) Cooperating with other governmental and private sec-
tor agencies and groups seeking to encourage Economic de-
velopment activities;
(7) Providing coordination and assistance to developers
in their dealings with city government;
(8) Providing coordination and assistance to other city
departments on specific development projects;
(9) Developing and distributing material designed to fos-
ter economic development within the city;
(10) Assisting developers in arranging specific develop-
ment proposals;
GEORGIA LAWS 1983 SESSION
4849
(11) Advising the mayor and council on general economic
development matters, including recommendations on
legislation;
(12) Assisting the Office of Contract Compliance in
achieving compliance with the citys contract contract com-
pliance objectives;
(13) Assisting the chief administrative officer in resolving
problems with developers, the development process, and
other economic development-related matters, as requested;
(14) Promoting, in general, the City of Atlanta;
(15) Developing and coordinating specific development
proposals; and
(16) Making comments and recommendations on budget
matters impacting economic development matters; and
(17) Performing other special duties as may be assigned
by the mayor.
Section 8: That a copy of this proposed amendment to the
Charter of the City of Atlanta, Georgia (Ga. L. 1973, p. 2188,
approved March 16, 1973), as amended, shall be filed in the of-
fice of the clerk of Council and in the Offices of the Clerks of the
Superior Courts of Fulton County and DeKalb County and that
Notice of Proposed Amendment to the Charter of the City of
Atlanta attached hereto, marked Exhibit A and made a part
of this ordinance, be published once a week for three weeks in a
newspaper of general circulation in the City of Atlanta and in
the official organ of Fulton County and that a copy of said ad-
vertisement be attached to this ordinance prior to its final adop-
tion by the Council of the City of Atlanta.
Section 9: That all laws, ordinances, and parts thereof in
conflict herewith be and are hereby repealed.
Adopted by City Council June 21, 1982
Approved by the Mayor June 22, 1982
4850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned Notary Pub-
lic, who after being duly sworn, states under oath that he/she is
the representative of Atlanta Newspapers, Proprietors of The
Atlanta Journal (Daily Evening), The Atlanta Constitution
(Daily Morning), The Atlanta Journal and The Atlanta Consti-
tution (Saturday), and The Atlanta Journal and The Atlanta
Constitution (Sunday), Newspapers of general circulation pub-
lished in the City of Atlanta, Georgia, and who further states
under oath that the advertisement attached hereto and made a
part of this affidavit appeared in The Atlanta Constitution on
June 3rd, 10th, and 17th of 1982.
/s/ Janet L. Knox
Sworn to and subscribed before me, this 28th day of June,
1982.
/s/ Anne S. McGlen
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 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 defin-
ing the internal organization of each department, including pro-
fessional and technical qualifications of each department head
adopted March 4, 1974, and approved March 7, 1974, as
amended, so as to create the Department of Administrative Ser-,
vices and set forth the duties and functions thereof and define
the internal organization of said department including profes-
sional and technical qualifications of the department head; to
create the Department of Community Development and set
forth the duties and functions thereof and define the internal
GEORGIA LAWS 1983 SESSION
4851
organization of said department including professional and tech-
nical qualifications of the department head; to create the De-
partment of Parks, Recreation, and Cultural Affairs and set
forth the duties and functions thereof and define the internal
organization of said department including professional and tech-
nical qualifications of the department head; to create the De-
partment of Streets, Traffic, and Sanitation and set forth the
duties and functions thereof and define the internal organization
of said department including professional and technical qualifi-
cations of the department head; to create the Department of
Water Quality and Pollution Control and set forth the duties
and functions thereof and define the internal organization of
said department including professional and technical qualifica-
tions of the department head; to abolish the Department of
Community and Human Development; to abolish the Depart-
ment of Parks and Recreation; to abolish the Department of
Cultural Affairs; to abolish the Department of Budget and Plan-
ning; to abolish the Department of Environment and Streets; to
redefine the duties and functions of the Department of Finance;
to redefine the duties and functions of the Department of the
Mayor and the internal organization of said department; to pro-
vide that the positions of Chief of Budget, Chief of Management
Audit, Chief of Management Systems, Employee Relations Ad-
ministrator and Coordinator of Cable Communications shall be
deemed to have the same status as the director of a bureau with
respect to the provisions of the Charter of the City of Atlanta
relating to the appointment, term, confirmation, and removal of
directors of bureaus; to repeal conflicting laws and ordinances;
and for other purposes.
A copy of the proposed amendment is on file in the office of
Clerk of Council of the City of Atlanta and in the office of the
Clerks of the Superior Court of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
This 18th day of May, 1982.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
4852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publishers Affidavit
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Walter G. Nale, who, being first duly sworn, according
to law, says that he is the Vice-President of the Daily Report
Company, publishers of the Fulton County Daily Report,
official newspaper published at Atlanta, in said county and
State, and that the publication, of which the annexed is a true
copy, was published in said paper on the 3, 10, 17, days of June,
1982. As provided by law.
/s/ Walter G. Nale
Subscribed and sworn to before me, this 18th day of June,
1982
/s/ April M. Elmore
Notary Public, Georgia, State at Large
My Commission Expires Feb. 17, 1986
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Exhibit A
Notice is hereby given that an ordinance has been introduced
to amend an ordinance entitled An ordinance specifying the
names of the executive branch of the government, setting forth
the duties and functions of each department thereof, and defin-
ing the internal organization of each department, including pro-
fessional and technical qualifications of each department head
adopted March 4, 1974, and approved March 7, 1974, as
amended, so as to create the Department of Administrative Ser-
vices and set forth the duties and functions thereof and define
the internal organization of said department including profes-
sional and technical qualifications of the department head; to
create the Department of Community Development and set
forth the duties and functions thereof and define the internal
organization of said department including professional and tech-
nical qualifications of the department head; to create the De-
GEORGIA LAWS 1983 SESSION
4853
partment of Parks, Recreation, and Cultural Affairs and set
forth the duties and functions thereof and define the internal
organization of said department including professional and tech-
nical qualifications of the department head; to create the De-
partment of Streets, Traffic, and Sanitation and set forth the
duties and functions thereof and define the internal organization
of said department including professional and technical qualifi-
cations of department head: to create the Department of Water
Quality and Pollution Control and set forth the duties and func-
tions thereof and define the internal organization of said depart-
ment including professional and technical qualifications of the
department head; to abolish the Department of Community and
Human Development; to abolish the Department of Parks and
Recreation; to abolish the Department of Cultural Affairs; to
abolish the Department of Budget and Planning; to abolish the
Department of Environment and Streets; to redefine the duties
and functions of the Department of Finance; to redefine the du-
ties and functions of the Department of the Mayor and the in-
ternal organization of said department; to provide that the posi-
tions of Chief of Budget, Chief of Management Audit, Chief of
Management Systems, Employee Relations Administrator and
Coordinator of Cable Communications shall be deemed to have
the same status as the director of a bureau with respect to the
provisions of the Charter of the City of Atlanta relating to the
appointment, term, confirmation, and removal of directors of
bureaus; 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 in the office of the
Clerks of the Superior Court of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
This 18th day of May, 1982.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
4854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Notice of Proposed
Amendment to the Charter of the City of Atlanta-set forth du-
ties, a true copy of which is hereto annexed, was published in
said newspaper in its issue of the 3, 10, 17th day of June, 1982.
Gerald W. Crane, Co-Publisher
By: /s/ Linda L. Orr
Agent
Sworn to and subscribed before me this 28th day of June,
1982
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985
(Seal)
Notice of Proposed Amendments to the Charter of the City of
Atlanta
Notice is hereby given that an ordinance has been introduced
to amend an ordinance entitled An ordinance specifying the
names of the executive branch of the government, setting forth
the duties and functions of each department thereof, and defin-
ing the internal organization of each department, including pro-
fessional and technical qualifications of each department head
adopted March 4, 1974, and approved March 7, 1974, as
amended, so as to create the Department of Administrative Ser-
vices and set forth the duties and functions thereof and define
the internal organization of said department including profes-
sional and technical qualifications of the department head; to
create the Department of Community Development and set
forth the duties and functions thereof and define the internal
GEORGIA LAWS 1983 SESSION
4855
organization of said department including professional and tech-
nical qualifications of the department head; to create the De-
partment of Parks, Recreation, and Cultural Affairs and set
forth the duties and functions thereof and define the internal
organization of said department including professional and tech-
nical qualifications of the department head; to create the De-
partment of Streets, Traffic, and Sanitation and set forth the
duties and functions thereof and define the internal organization
of said department including professional and technical qualifi-
cations of the department head; to create the Department of
Water Quality and Pollution Control and set forth the duties
and functions thereof and define the internal organization of
said department including professional and technical qualifica-
tions of the department head; to abolish the Department of
Community and Human Development; to abolish the Depart-
ment of Parks and Recreation; to abolish the Department of
Cultural Affairs; to abolish the Department of Budget and Plan-
ning; to abolish the Department of Environment and Streets; to
redefine the duties and functions of the Department of Finance;
to redefine the duties and functions of the Department of the
Mayor and the internal organization of said department; to pro-
vide that the positions of Chief of Budget, Chief of Management
Audit, Chief of Management Systems, Employee Relations Ad-
ministrator and Coordinator of Cable Communications shall be
deemed to have the same status as the director of a bureau with
respect to the provisions of the Charter of the City of Atlanta
relating to the appointment, term, confirmation, and removal of
directors of bureaus; to repeal conflicting laws and ordinances;
and for other purposes.
A copy of the proposed amendment is on file in the office of
Clerk of Council of the City of Atlanta and in the office of the
Clerks of the Superior Court of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
This 18th day of May 1982.
/s/ Larry Dingle
Clerk of Council
City of Atlanta
4856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Filed in the Office of the Secretary of State June 30, 1982.
CITY OF ATLANTACHARTER PROVISIONS RELATING
TO OMBUDSMAN DELETED
An Ordinance adopted under any by virtue of the Municipal
Home Rule Act of 1965 (Ga. Laws 1965, et seq.), as amended, to
amend chapter 7 (Ombudsman) Sections 3-701 through 3-714 of
the Charter of the City of Atlanta, Georgia (Ga. Laws 1973, ap-
proved March 16, 1973), as amended, to delete said sections in
their entirety.
Be it Ordained and Enacted by the Council of the City of At-
lanta, as follows:
Section 1. Chapter 7 (Ombudsman), Sections 3-701 through
3-714 of the Charter of the City of Atlanta, Georgia (Ga. Laws
1973), Page 2188, et seq.) approved March 16,1973, as amended,
is hereby amended by deleting the above shown sections in their
entirety and placing said sections in reserve for future use as
needed.
Adopted by City Council June 21, 1982
Approved by the Mayor June 28, 1982
Publishers Affidavit
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company, publishers of the Fulton County Daily Report,
official newspaper published at Atlanta, in said county and
State, and that the publication, of which the annexed is a true
GEORGIA LAWS 1983 SESSION
4857
copy, was published in said paper on the 20, 27, days of May,
1982, and on the 3, 10, 17, days of June, 1982. As provided by
law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 22nd day of June
1982.
/s/ April M. Elmore
Notary Public, Georgia, State at Large
My Commission Expires Feb. 17, 1986
Notice of Proposed Amendment of the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Chapter 7 (Ombudsman), Section 3-701 through 3-714
of the Charter of the City of Atlanta, (Georgia L. 1973, p. 2188,
et seq.) approved March 16, 1973, as amended, so as to provide
that Sections 3-701 through 3-714 be deleted in their entirety,
placing said sections in reserve for future use as needed.
A Copy of the proposed amendment is on file in the office of
Clerk of Council of the City of Atlanta and in the offices of the
Clerks of the Superior Court of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
This 4th day of May, 1982.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Affidavit of Publication
State of Georgia
County of Fulton
Personally appeared before me, the undersigned Notary Pub-
lic, who after being duly sworn, states under oath that he/she is
4858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the representative of Atlanta Newspapers, Proprietors of The
Atlanta Journal (Daily Evening), The Atlanta Constitution
(Daily Morning), The Atlanta Journal and The Atlanta Consti-
tution (Saturday), and The Atlanta Journal and The Atlanta
Constitution (Sunday), Newspapers of general circulation pub-
lished in the City of Atlanta, Georgia, and who further states
under oath that the advertisement attached hereto and made a
part of this affidavit appeared in The Atlanta Constitution on
May 20th, 27th, June 3rd, 10th, and 19th.
/s/ Janet L. Knox
Sworn to and subscribed before me, this 22nd day of June,
1982.
/s/ Shirley Halton Boggs
Notary Public, Georgia, State at Large
My Commission Expires Jan. 27, 1985
Notice of Proposed Amendment to the Charter of the City of
Atlanta
Notice is hereby given that an Ordinance has been introduced
to amend Chapter 7 (Ombudsman), Sections 3-701 through 3-
714 of the Charter of the City of Atlanta. (Georgia L. 1973, p.
2188, et seq.) approved March 16, 1973, as amended, so as to
provide that Sections 3-701 through 3-714 be deleted in their
entirety, placing said sections in reserve for future use as
needed.
A copy of the proposed amendment is on file in the office of
Clerk of Council of the City of Atlanta and in the offices of the
Clerks of the Superior Court of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
This 4th day of May, 1982
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
GEORGIA LAWS 1983 SESSION
4859
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald W. Crane, co-pub-
lisher of Decatur-DeKalb News Era, a newspaper publisher at
Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Proposed Amendment to
Charter of City of Atlanta, a true copy of which is hereto an-
nexed, was published in said newspaper in its issue of the 20th &
27th day of May & June 3rd, 10th & 17th, 1982.
Gerald W. Crane, Publisher
By: /s/ Samme Johnson
Agent
Sworn to and subscribed before me this 22nd day of June,
1982
/s/ Samme Johnson
Notary Public
My Commission expires January 3, 1986
(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 Chapter 7 (Ombudsman), Sections 3-701 through 3-
714 of the Charter of the City of Atlanta, (Georgia L. 1973, p.
2188, et seq.) approved March 16, 1973, as amended, so as to
provide that Sections 3-701 through 3-714 be deleted in their
entirety, placing said sections in reserve for future use as
needed.
A copy of the proposed-amendment is on file in the office of
Clerk of Council of the City of Atlanta and in the offices of the
Clerks of the Superior Court of Fulton and DeKalb Counties,
Georgia, for purposes of examination and inspection by the
public.
4860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 4th day of May, 1982.
/s/ Larry M. Dingle
Clerk of Council
City of Atlanta
Filed in the Office of the Secretary of State July 8, 1982.
CITY OF BAINBRIDGECITY CLERK
AND CITY TREASURER-
APPOINTMENT
Ordinance No. 448
An Ordinance to amend the Charter of the City of Bainbridge,
approved December 16, 1901. (Ga. L. 1901, p. 321) as amended
by an Act approved August 1, 1927 (Ga. L. 1927, p. 855) and as
amended by an Act approved March 30, 1965 (Ga. L. 1965, p.
2819), so as to provide that the City Manager shall appoint a
City Clerk and a Treasurer and to provide that said City Clerk
and Treasurer shall be subject to be suspended or removed by
the City Manager as other employees of the City of Bainbridge;
and to provide that the City Manager may combine the offices of
City Clerk and City Treasurer, or he may, in his discretion, elect
one person to fill both offices; to provide for an effective date of
this amendment; to repeal conflicting ordinances and charter
provisions; and for other purposes.
Be it ordained by the Mayor and Alderman of the City of
Bainbridge, and Council duly assembled, and it is hereby or-
dained by authority of the same;
Section 1. An act creating a new City Charter for the City of
Bainbridge, approved December 16, 1901, (Ga. L. 1901, p. 321),
as amended by an Act approved March 30, 1965 (Ga. L. 1965, p.
2819) is hereby amended by striking Section 16 of said Act ap-
proved December 16, 1901, as said Section 16 was amended by
GEORGIA LAWS 1983 SESSION
4861
Section 2 of said Act approved March 30, 1965, in its entirety
and substituting in lieu thereof a new Section 16 to read as
follows:
Section 16. A City Clerk of the City of Bainbridge and a
Treasurer of the City of Bainbridge shall be appointed by the
City Manager of the City of Bainbridge and shall perform such
duties and receive such compensation as may be prescribed by
ordinance.
Section 2. An act creating a new City Charter for the City of
Bainbridge, approved December 16, 1901, (Ga. L. 1901, p. 321),
as amended by an Act approved August 1, 1927, (Ga. L. 1927, p.
855) is hereby amended by striking Section 1 of said Act ap-
proved August 1, 1927 in its entirety and substituting in lieu
thereof a new Section 1 to read as follows:
Section 1. The City Manager of the City of Bainbridge may
combine the offices of City Clerk and City Treasurer, or he may,
in his discretion, appoint one man to fill both offices, such office
or offices to be governed by all present provisions of law affect-
ing the two offices.
Section 3. An act creating a new Charter for the City of
Bainbridge, approved December 16, 1901, (Ga. L. 1901, p. 321)
as amended by an Act approved March 30, 1965, (Ga. L. 1965, p.
2819) is hereby amended by striking the last sentence of (1) of
subsection D of Section 13A of said Act approved March 30,
1965 in its entirety and substituting in lieu thereof a new last
sentence of (1) of sub-section (d) of Section 13A to read as
follows:
Nothing herein contained shall be construed as giving the
City Manager the right to appoint, suspend or remove the City
Auditor and the City Attorney or either of them.
Section 4. All ordinances and parts of ordinances and all
charter provisions and parts of charter provisions in conflict
herewith are hereby repealed.
Section 5. This ordinance shall take effect on January 1,
1983.
4862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Offered and adopted at a regular meeting on the 7th day of
September, 1982.
City of Bainbridge
/s/ B. K. Reynolds
Mayor, City of Bainbridge
Attest:
/s/ H. D. Fitzgerald
Clerk, City of Bainbridge
Offered and adopted at a regular meeting on the 21st day of
September, 1982, which said regular meeting on September 21,
1982, is the consecutive regular meeting to the regular meeting
held on September 7, 1982.
City of Bainbridge
/s/ B. K. Reynolds
Mayor, City of Bainbridge
Attest:
/s/ H. D. Fitzgerald
Clerk, City of Bainbridge
State of Georgia
County of Decatur
I certify that I am the Clerk of the City of Bainbridge and
that the within and foregoing two pages is a true and exact copy
of an Ordinance that was offered and adopted by the Mayor and
Aldermen of the City of Bainbridge at regular meetings of said
Mayor and Aldermen held on September 7, 1982, and Septem-
ber 21, 1982, and that said meetings were consecutive regular
meetings of said Mayor and Council.
This 24th day of September, 1982.
/s/ H. D. Fitzgerald
Clerk, City of Bainbridge
GEORGIA LAWS 1983 SESSION
4863
Notice of Proposed Amendment to the Charter of the City of
Bainbridge
Notice is hereby given of a proposed amendment to the Char-
ter of the City of Bainbridge which amendment will be in the
form of an ordinance to be considered by the Mayor and Aider-
man of the City of Bainbridge at the regular meetings of the
Mayor and Alderman of the City of Bainbridge to be held at
7:00 oclock P.M. at the City Council Room, Public Safety
Building, City of Bainbridge, on the 7th day of September, 1982,
and on the 21st day of September, 1982.
A copy of the proposed amendment is on file in the office of
the Clerk of the City of Bainbridge and at the office of the Clerk
of the Superior Court of Decatur County, Georgia. The Clerk of
the City of Bainbridge shall furnish anyone, upon written re-
quest, a copy of the proposed amendment.
A synopsis of the proposed amendment is that presently the
Clerk of the City of Bainbridge and the Treasurer of the City of
Bainbridge are appointed by the Mayor and Alderman of the
City of Bainbridge at the first meeting after the regular City
election for a term of two years and until their successors are
elected and qualified and said Clerk of the City of Bainbridge
and Treasurer of the City of Bainbridge are subject to the juris-
diction of the Mayor and Alderman and amenable to their disci-
pline and the Mayor and Alderman have power to suspend, fine,
or remove such officers by a majority vote and the Mayor, for
good cause, may suspend either or both of said officers until the
next meeting of the Board of Alderman thereafter. In addition,
the Mayor and Alderman have the authority to combine the of-
fices of City Clerk and City Treasurer, or they may in their dis-
cretion elect one person to fill both offices. Under the proposed
amendment, which is proposed to become effective on January
1, 1983, the expiration of the present term of the Clerk of the
City of Bainbridge and the Treasurer of the City of Bainbridge,
the City Manager shall have the authority to appoint the Clerk
of the City of Bainbridge and the Treasurer of the City of Bain-
bridge and said officers shall be subject to suspension and re-
moval by the City Manager as other employees of the City of
Bainbridge. In addition, under the proposed amendment, the
City Manager shall have the authority to combine the offices of
4864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City Clerk and City Treasurer or he may, in his discretion, ap-
point one person to fill both offices.
This notice contains only a brief synopsis of the proposed
amendment, you should review the proposed amendment in its
entirety that is available to you at the office of the Clerk of the
City of Bainbridge and at the office of the Superior Court of
Decatur County, Georgia.
City of Bainbridge
By: B. K. Reynolds, Mayor
State of Georgia
County of Decatur
Personally appeared before the undersigned attesting officer,
S. M. Griffin, Jr., who deposes and says on oath that he is the
Publisher of the Bainbridge Post-Searchlight, duly authorized to
make this affidavit, and that a copy of the within and foregoing
Notice was published in the issues of the Bainbridge Post-
Searchlight dated September 4, 1982, September 11, 1982, and
September 18, 1982.
/s/ S. M. Griffin, Jr.
Sworn to and subscribed before me, this 12 day of September,
1982.
/s/ Alicia Bolton
Notary Public, Georgia.
N.P Ga. State-At-Large
My Commission Expires Aug. 14, 1984
(Seal)
Filed in the Office of the Secretary of State October 18, 1982.
GEORGIA LAWS 1983 SESSION
4865
TOWN OF BRASELTONWINE
PRODUCTIONSALE OF ALCOHOLIC
BEVERAGES
An Ordinance of the Town of Braselton
To amend Sec. 31 of the Charter of the Town of Braselton,
said charter being set out in 1916 Georgia Laws, pages 598-616,
to provide the Town Council with the power to permit the man-
ufacture of wine and sale of alcoholic beverages in connection
with the operation of a winery, to repeal conflicting ordinances
and for other purposes.
Pursuant to the Municipal Home Rule Act of 1965, Be it Or-
dained, by the Mayor and Council of the Town of Braselton,
Georgia:
The Charter of the Town of Braselton, set out in 1916 Georgia
Laws, pages 598-616, is hereby amended by deleting Sec. 31 of
said charter and substituting in lieu thereof the following:
Sec. 31. Be it further enacted, that the having or keeping for
the purposes of illegal sale of any spirituous, malt or intoxicating
liquors of any kind and any quantity shall be and is hereby pro-
hibited and forbidden within the corporate limits of said town.
Any person violating this clause shall also be subject to prosecu-
tion before the grand jury of the county and be punished as the
law provides. Notwithstanding anything contained herein, the
council shall have power to enact ordinances, consistent with the
laws of Georgia as now or hereafter amended, permitting the
manufacture and production of wine and the sale of alcoholic
beverages in connection with the operation of a winery or in a
restaurant facility or tasting room on the premises of a winery.
All ordinances or parts of ordinances in conflict with this ordi-
nance are hereby expressly repealed.
Adopted by Town Council: July 19, 1982,
Approved: July 26, 1982.
/s/ J. L. Brasettes
Mayor, Town of Braselton
4866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publishers Affidavit
State of Georgia
County of Jackson
Before me, the undersigned, a Notary Public, this day person-
ally came Herman Buffington, who, being first duly sworn, ac-
cording to law, says that he is the publisher of the Jackson Her-
ald, the official newspaper for Jackson County, Georgia, and that
the publication notice, of which the annexed is a true copy, was
published in said paper on the 7th, 14th and 21st days of July,
1982, as provided by law.
/s/ Herman Buffington
Sworn to and subscribed before me this 22nd day of July,
1982.
/s/ Claire W. Collin
Notary Public
(Seal)
Legal Notice
Notice is hereby given that on July 19,1982, at 3:00 P.M., and
on July 26, 1982, at 3:00 P.M., at the regular meetings of the
Town Council of Braselton to be held in the Braselton Brothers
Furniture Co. store in Braselton, Georgia, the Town Council of
Braselton will consider the adoption of an amendment of the
Charter of the Town of Braselton, which amendment provides
that the Town Council shall have power to enact ordinances,
consistent with the laws of Georgia as now or hereafter
amended, permitting the manufacture and production of wine
and the sale of alcoholic beverages in connection with the opera-
tion of a winery or in a restaurant facility or tasting room on the
premises of a winery. A copy of the proposed amendment is on
file in the office of the Clerk of the Town Council of Braselton
and the office of the Clerk of the Superior Court of Jackson
County for the purpose of examination and inspection by the
public.
Filed in the Office of the Secretary of State July 26, 1982.
GEORGIA LAWS 1983 SESSION
4867
CITY OF BOSTONPUNISHMENTS
FOR ORDINANCE VIOLATIONS
An Ordinance to amend the Charter for the City of Boston,
Georgia approved August 2, 1921, as amended so as to change
the punishments which may be prescribed for the violation of
city ordinances.
Be it resolved and ordained by the Mayor and Council of the
City of Boston, Georgia and it is hereby resolved and ordained
by authority of same that the Charter for the City of Boston,
Georgia approved August 2, 1921, as amended, is hereby
amended by striking the first paragraph in its entirety of Section
36 and by inserting in lieu thereof a new first paragraph to Sec-
tion 36 to read as follows:
Section 36. Be it further enacted, that the Mayor and Aider-
men of said City shall have the power to pass any and all Ordi-
nances or Resolutions they may deem requisite and proper to
the peace, security, welfare, health, good government and conve-
nience of said City, and to prescribe punishments for the viola-
tion of the same, for each offense, by a fine in an amount not to
exceed Nine Hundred Dollars ($900.00) or imprisonment in the
guardhouse, City prison or other place provided for a period of
not more than ninety (90) days or by compulsory labor on the
streets or other public works of said City for not more than
ninety (90) days, and either one or more of said punishments
may be prescribed or the several punishments made cumulative
or the fine may be imposed with an alternative of said imprison-
ment or compulsory labor. Said Mayor and Council shall have
the power to erect and maintain suitable guardhouses, City pris-
ons or workhouses for the confinement and detention of persons
arrested and convicted for the violation of the City Ordinances.
Be it further Resolved and Ordained and it is hereby resolved
and ordained that the Charter for the City of Boston, Georgia
approved August 2, 1921, as amended, is further amended by
striking in its entirety the second paragraph of Section 39, which
paragraph is the first numbered paragraph, the first line of
4868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which is (1) Said Police Court shall have jurisdiction to try
and inserting in lieu thereof a new first numbered paragraph in
Section 39 to read as follows:
(1) Said Police Court shall have jurisdiction to try all offend-
ers against the laws and ordinances of the City committed
within the corporate limits, and to punish persons convicted in
said Court of violating such laws and ordinances by a fine, for
each offense, in an amount not to exceed Nine Hundred Dollars
($900.00) or imprisonment in the guardhouse, City prison or
other place provided for a period of not more than ninety (90)
days or by compulsory labor on the streets or other public works
of said City for not more than ninety (90) days , and either one
or more of said punishments may be prescribed or the several
punishments made cumulative or the fine may be imposed with
an alternative of said imprisonment or compulsory labor; pro-
vided, that the punishments within the limits herein prescribed
shall be imposed by said Court in the amount and manner pre-
scribed by the present Ordinances of said City, but in the event
no penalty is provided for the doing of anything which is made
unlawful by Ordinances, the Court shall have the power to pro-
ceed to impose punishment within the limits prescribed herein
as to the Court may seem just and proper under the circum-
stances. The jurisdiction of said Police Court shall further ex-
tend to the investigation of any charge involving or amounting
to a violation of the penal laws of the State of Georgia commit-
ted within the corporate limits.
Be it further Resolved and Ordained and it is hereby resolved
and ordained that any other Charter provisions or parts thereof
in conflict with this amendment are hereby repealed to the ex-
tent of the conflict only.
The above and foregoing Ordinance was duly adopted by the
Council of the City of Boston, Georgia as an amendment to the
Citys Charter pursuant to Georgia Code Annotated Section 69-
1017, the first reading of said Ordinance having been at the reg-
ular meeting of the Council held on June 9th, 1980 and the sec-
ond reading having been at the regular meeting of the Council
GEORGIA LAWS 1983 SESSION
4869
held on July 14, 1980.
/s/ James E. Murphy, Jr., Mayor
/s/ Norma Ritter, Clerk
Affidavit of Publication
State of Georgia
County of Thomas
Personally appeared before the undersigned, an officer, au-
thorized to administer oaths, Kenneth M. McElroy who being
sworn, says that he is General Manager of Thomasville Times-
Enterprise a corporation with principal offices at 119 N.
Madison St., Thomasville, Thomas County, Georgia, and having
general circulation within the area of Thomas County, and that
the advertisement of Amend portion of Section 36 & 39, a
TRUE COPY of which is affixed hereto, was published in said
newspaper in all its editions for June 27, July 4, 11, 18, 1980.
/s/ Kenneth M. McElroy
Sworn to and subscribed before me, this 4th day of August,
1982
/s/ Edwin H. Chambers, Jr.
Notary Public
Notice of Charter Amendment
Notice is hereby given that the Council of the City of Boston,
Georgia proposes to amend a portion of Section 36 and a portion
of Section 39 of the Citys Charter so as to modify punishments
which may be prescribed for the violation of City Ordinances or
Resolutions.
A copy of the proposed Charter Amendment is on file in the
Office of the City Clerk in City Hall, Boston, Georgia and in the
Office of the Clerk of the Superior Court of Thomas County,
Georgia for the purpose of examination and inspection by the
public.
4870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Consideration of said proposed amendment for final adoption
will be an order of business at the regular meeting of the Council
of Boston, Georgia to be held on July 14, 1980 at 7:30 oclock
P.M. in the City Hall of Boston, Georgia.
City of Boston, Georgia
By: /s/ Oscar T. Cook, Jr.
City Attorney
Filed in the Office of the Secretary of State August 31, 1982.
CITY OF CHAMBLEESANITARY TAX
An Ordinance to amend the Charter of the City of Chamblee,
Georgia to provide for power over sewers, drains, disposal plants;
to authorize a sanitary tax; to levy a sanitary tax, and for all
other lawful purposes.
Be it ordained by the Mayor and City Council of the City of
Chamblee, Georgia and by authority of the same, it is hereby
Ordained as follows:
Section I
On and after passage and approval of this Ordinance, Article
I, Section 15 and Article I, Section 15.1 which sections are enti-
tled Power over Sewers, drains, disposal plants; Sanitary tax
authorized and Levy of Sanitary Tax, respectively, shall be
deleted in their entirety and the following provisions shall be
substituted in lieu thereof and appropriately numbered:
Article I, Section 15: Power over Sewers, Drains, Disposal
Plants; Sanitary Tax Authorized.
Said municipally shall have the power to construct, repair,
and maintain sewers, drains and disposal plants as shall be nec-
essary for proper sanitation, to collect and dispose of garbage
GEORGIA LAWS 1983 SESSION
4871
and refuse matter, and contract for, license and regulate the col-
lection and disposal of garbage and refuse matter. Said munici-
pality shall have power to pass all reasonable by-laws, ordi-
nances and resolutions regulating said matters or anywise
appertaining thereto; said municipality shall have authority to
levy a sanitary tax against each owner of each parcel of im-
proved real property within its corporate limits which is im-
proved with either a dwelling or a business structure. The Mayor
and Council may vary, change, alter, lower or raise the sanitary
tax from year to year.
Article I, Section 15.1: Levy of Sanitary Tax.
It shall be the duty of the governing body of the City of
Chamblee to exercise a sound and legal discretion in determin-
ing and levying sanitary taxes pursuant to and in conformity
with the City Charter as amended by this Ordinance, and in
conformity to general laws and the Constitution of this State.
Section II
All Ordinances, parts of Ordinances or Charter provisions in
conflict herewith are expressly repealed.
The foregoing was proposed by Councilman Bozeman with a
Motion that the same be adopted. Said Motion was seconded by
Councilman Coleman. The same was then put to a vote and all
Councilmen voted in favor of the Ordinance and no Councilmen
voted against it. Said Motion was thereupon declared passed
and duly adopted this 12th day of February, 1982.
/s/ Jo Anne Donaldson, City Clerk
City of Chamblee, Georgia
Approved this the 12th day of February, 1982.
/s/ Johnson W. Brown, Mayor
City of Chamblee, Georgia
First Reading: 1-8-82
Second Reading: 2-12-82
4872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Proposed Amendment to
City Charter, a true copy of which is hereto annexed, was pub-
lished in said newspaper in its issue of the 28, 4, 11th day of
January, February, 1982.
Gerald W. Crane, Co-Publisher
By: /s/ Linda L. Orr
Agent
Sworn to and subscribed before me this 11th day of February,
1982
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985.
(Seal)
Notice of Proposed Amendment to Charter of the City of
Chamblee, Georgia
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Chamblee, Georgia (Ga. L.
1935, p. 976 et seq., approved March 28, 1935) so as to amend
Article I, Section 15 and Section 15.1 of the Charter so as to
provide for authority of the Municipality to levy a sanitary tax;
so as to provide that said sanitary tax shall be levied per annum
against each owner of each parcel of improved real property
within the corporate limits of the City of Chamblee and which
real property is improved with either a dwelling or a business
structure; so as to provide that the Mayor and Council may
vary, change, alter, lower or raise the sanitary taxes from year to
year; so as to provide that it shall be the duty of the governing
body of the City of Chamblee to exercise sound and legal discre-
GEORGIA LAWS 1983 SESSION
4873
tion in determining and levying sanitary taxes pursuant to and
in conformity with the City Charter, as amended; to repeal con-
flicting laws; and for other purposes.
A copy of the proposed Ordinance to amend the Charter is on
file in the Office of the City Clerk of the City of Chamblee and
the office of the Clerk of Superior Court of DeKalb County,
Georgia for the purpose of the examination and inspection by
the public.
This the 22nd day of January, 1982.
/s/ Jo Anne Donaldson, City Clerk
City of Chamblee, Georgia
Filed in the Office of the Secretary of State April 7, 1982.
CITY OF CHAMBLEEPOWERS OF MAYOR
An Ordinance to amend the Charter of the City of Chamblee,
Georgia providing for certain General Duties and Powers of the
Mayor; and for all other lawful purposes.
Be it ordained by the Mayor and City Council of the City of
Chamblee, Georgia and by authority of the same, it is hereby
Ordained as follows:
Section One
On and after passage and approval of this Ordinance, Article
3, Section 2 of the Charter and Related Laws of the City of
Chamblee, Georgia shall be deleted in its entirety and the fol-
lowing provisions shall be substituted in lieu thereof and appro-
priately numbered:
4874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Article 3, Section 2: Powers of Mayor, Generally
The Mayor shall be the chief executive officer of the munici-
pality. He shall preside at meetings of the major and council
and shall approve the minutes of all meetings; he shall sign all
contracts on behalf of the municipality.
Section 2
All Ordinances, parts of Ordinances or Charter provisions in
conflict herewith are expressly repealed.
The foregoing was proposed by Councilman Bozeman with a
Motion that same be adopted. Said Motion was seconded by
Councilman Crockford. The same was then put to a vote and all
councilmen voted in favor of the Ordinance and no councilmen
voted against it. Said Motion was thereupon declared passed
and duly adopted this 12 day of March, 1982.
/s/ Jo Anne Donaldson, City Clerk
City of Chamblee, Georgia
Approved this the 12 day of March, 1982.
/s/ Johnson W. Brown, Mayor
City of Chamblee, Georgia
First Reading: Feb. 12, 1982
Second Reading: March 12, 1982
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Proposed Amendment to
Charter, a true copy of which is hereto annexed, was published
GEORGIA LAWS 1983 SESSION
4875
in said newspaper in its issue of the 25, 4, 11th day of February,
March 1982.
Gerald W. Crane, Co-Publisher
By: /s/ Linda L. Orr
Agent
Sworn to and subscribed before me this 11th day of March,
1982
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985.
(Seal)
Notice of Proposed Amendment to Charter of the City of
Chamblee, Georgia
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Chamblee, Georgia (Ga. L.
1935, p. 976 et seq., approved March 28, 1935) so as to amend
Article 3, Section 2 of the Charter so as to provide for certain
general duties and powers of the Mayor; specifically, so as to
provide that the Mayor shall no longer preside at sill trials in
which persons are charged with violations of municipal ordi-
nances; to repeal conflicting laws; and for other purposes.
A copy of the proposed Ordinance to amend the Charter is on
file in the Office of the City Clerk of the City of Chamblee and
the Office of the Clerk of Superior Court of DeKalb County,
Georgia for the purpose of examination and inspection by the
public.
This the 12 day of February, 1982.
/s/ Jo Anne Donaldson, City Clerk
City of Chamblee, Georgia
Filed in the Office of the Secretary of State April 7, 1982.
4876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CHAMBLEERECORDERS COURT
An Ordinance to amend the Charter of the City of Chamblee,
Georgia providing for a Recorder, qualifications of same, officers
authorized to serve notices and process; and for all other lawful
purposes.
Be It Ordained by the Mayor and City Council of the City of
Chamblee, Georgia and by authority of the same, it is hereby
Ordained as follows:
Section One
On and after passage and approval of this Ordinance, Article
5, Sections 2.1, 2.2 and 2.4 of the Charter and Related Laws of
the City of Chamblee, Georgia shall be deleted in their entirety
and the following provisions shall be substituted in lieu thereof
and appropriately numbered:
Article 5, Section 2.1
Recorder; Appointment; Jurisdiction; Powers; Compensation.
The Mayor and Council of the City of Chamblee shall have
authority to employ a Recorder to serve as a trial magistrate in
the Recorders Court of said City of Chamblee. When such Re-
corder is so employed, his jurisdiction shall be as prescribed by
the Charter of said municipality and the general laws of the
State of Georgia. The Mayor and Council may from time to time
prescribe by resolution how the works and duties of said Re-
corder and others authorized to preside in said Court may divide
the work and duties among themselves. Such Recorder shall at
all times hold his office subject to direction and control of the
Mayor and Council, and subject to his term of employment be-
ing terminated at the will of the Mayor and Council. He shall
receive such reasonable compensation to be paid monthly from
the general funds of the city, as the Mayor and Council may
determine and fix. (Ga. L. 1953, p. 447).
GEORGIA LAWS 1983 SESSION
4877
Article 5, Section 2.2
Same; Qualifications; Oath.
No person shall be eligible to hold the office of Recorder,
under the provisions of this act, unless he or she be at least
thirty (30) years of age, with continuous actual bona fide resi-
dence in Dekalb County for at least three (3) years next pro-
ceeding appointment to the office. He or she shall be of good
moral character, shall be a duly licensed attorney and member
of the State Bar of Georgia and shall have been actively engaged
in the practice of law for at least five (5) years prior to his ap-
pointment, and shall perform the duties of the office honestly,
faithfully, efficiently, and with impartiality. Before entering
upon the discharge of his duties after each appointment or re-
appointment, he shall take and subscribe the following oath: I
do in good faith claim that I am eligible under the law to hold
the office of Recorder in the City of Chamblee; and that I will
truly and faithfully perform my duties as such officer to the best
of my ability and according to the laws and ordinances under
which I perform said duties; I will in all cases undertake to act
impartially, and to do justice in all respects; so help me God.
(Ga. L. 1953, p. 2447).
Article 5, Section 2.4
Officers authorized to serve notices and process.
Whenever it may become necessary in connection with any
matter pending before the Mayor and Council, or before the Re-
corders Court of the City of Chamblee, or before the Judge or
magistrate of said court for any notice, summons, or subpoena to
be served, personal or otherwise, such service may be made or
notice given by the marshal of the City of Chamblee or by any
police officer of said municipality; and such officers shall be au-
thorized to make such service not only within the corporate lim-
its, but may make the same anywhere within the state. Due re-
turn made by them shall be prima facie evidence of service. The
provisions of this section are supplemental to all other author-
ized methods of service (Ga. L. 1950, p. 2807).
4878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section Two
All Ordinances, parts of Ordinances or Charter provisions in
conflict herewith are expressly repealed.
The foregoing was proposed by Councilman H. E. Bozeman
with a Motion that same be adopted. Said Motion was seconded
by Councilman Jack A. Crockford. The same was then put to
vote and 5 councilmen voted in favor of the Ordinance and 0
councilmen voted against it. Said Motion was thereupon de-
clared passed and duly adopted this 14 day of May, 1982.
/s/ Jo Anne Donaldson, City Clerk
City of Chamblee, Georgia
Approved this the 14th day of May, 1982.
/s/ Johnson W. Brown, Mayor
City of Chamblee, Georgia
First Reading: April 9, 1982
Second Reading: May 14, 1982
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Public Notice-Amend-
ment to City Charter, a true copy of which is hereto annexed,
was published in said newspaper in its issue of the 1, 8,15th day
of April 1982.
Gerald W. Crane, Co-Publisher
By: /s/ Linda L. Orr
Agent
Sworn to and subscribed before me this 15th day of April
GEORGIA LAWS 1983 SESSION
4879
1982.
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985.
(Seal)
Notice of Proposed Amendment to Charter of the City of
Chamblee, Georgia
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Chamblee, Georgia (Ga. L.
1935 p. 976 et seq., approved March 28, 1935) so as to amend
Article 5, Section 2.1, 2.2 and 2.4 of the Charter so as to provide
for the appointment, jurisdiction and qualifications of the Re-
corder; to repeal conflicting laws; and for other purposes.
A copy of the proposed Ordinance to amend the Charter is on
file in the Office of the City Clerk of the City of Chamblee and
the Office of the Clerk of Superior Court of DeKalb County,
Georgia for the purpose of examination and inspection by the
public.
This the 25 day of March, 1982.
Jo Anne Donaldson
City Clerk
City of Chamblee, Georgia
Filed in the Office of the Secretary of State June 2, 1982.
CITY OF COLLEGE PARKPENSION SYSTEM
Ordinance No. 82-19
An Ordinance to amend the Charter of the City of College
Park (Georgia Laws 1895, page 251, Act No. 168, as amended) to
4880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide that the pension system of the city of College Park shall
be as provided by ordinance of the Mayor and Council; to pro-
mote the public health, safety and general welfare; to repeal con-
flicting ordinances; and for other purposes.
Be it and it is hereby Ordained by the Mayor and Council of
the City of College Park and it is hereby enacted on authority of
the same, that the Charter of the City of College Park, Georgia
Laws 1895, Page 251, Act No. 168, as amended, is hereby
amended by striking therefrom in their entirety all provisions
regarding pensions for the employees of the City of College
Park, as originally made a part of said Charter by an Act of the
General Assembly, Georgia Laws 1946, p. 432, 1-10, and as
amended from time to time, and inserting in lieu thereof the
following:
Pensions. The Mayor and Council of the City of College
Park shall be authorized to create by ordinance a system of pen-
sions for its employees. This authority shall include, but not be
limited to the authority to: establish a pension system for the
employees of the City of College Park; establish rules and regu-
lations for the operation of said pension system; determine the
eligibility of employees; provide different classes and amounts of
pensions; and otherwise administer the pension system. The
pension system as established by the Mayor and Council shall be
governed, and amended, as provided by general law and by ordi-
nance of the Mayor and Council.
A copy of this proposed amendment to the Charter of the City
of College Park shall be filed in the office of the Clerk of the
City of College Park- and in the office of the Clerk of the Supe-
rior Court of Fulton County and Clayton 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 at-
tached to this ordinance prior to its final adoption by the Mayor
and Council of the City of College Park. And, said advertise-
ment shall state that a copy of the proposed amendment is on
file in the office of the City Clerk of the City of College Park and
the office of the Clerk of the Superior Court of Fulton County
GEORGIA LAWS 1983 SESSION
4881
and Clayton County.
All statutes or ordinances, or portions thereof, pertaining to
the pension system of College Park are hereby repealed; includ-
ing specifically those provisions contained in the following
statutes:
Georgia Laws 1946, p. 432
Georgia Laws 1951, p. 2797
Georgia Laws 1951, p. 2842
Georgia Laws 1956, p. 2922
Georgia Laws 1959, p. 2367
Georgia Laws 1959, p. 2527
Georgia Laws 1960, p. 2801
Georgia Laws 1965, p. 3386
Georgia Laws 1968, p. 3640
So Ordained this 7th day of September, 1982.
Mayor and Council of the
City of College Park
/s/ T. Owen Smith, Mayor
Attest:
/s/ Jean Conaway, City Clerk
Publishers Affidavit
State of Georgia
County of Fulton
I, the undersigned, hereby acknowledge and certify that I am
a representative of the Fulton Daily Report, that I am duly au-
thorized to certify the matters contained herein, and that a No-
tice of Proposed Amendment to the Charter of the City of Col-
lege Park, attached hereto as Exhibit A, was published in the
Fulton Daily Report on August 20 and 27 and September 3 and
4882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
10 of 1982.
This 27 day of September, 1982.
/s/ Frances K. Beck
For the Fulton Daily Report
Sworn to and subscribed before me this 27 day of September,
1982.
/s/ April M. Elmore
Notary Public, Georgia, State at Large
My Commission Expires Feb. 17, 1986.
(Seal)
Notice of Proposed Amendment to the Charter of the City of
College Park
(Ga. Laws 1895, p. 251, Act No. 168, as amended)
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of College Park (Ga. Laws
1895, p. 251, Act No. 168, as amended) so as to provide that a
pension system shall be established by ordinance of the Mayor
and Council; 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 and Clayton
County, Georgia, for purposes of examination and inspection by
the public.
This the 19th day of August, 1982.
/s/ Jean Conaway
City Clerk
City of College Park
Filed in the Office of the Secretary of State September 29,
1982.
GEORGIA LAWS 1983 SESSION
4883
CITY OF CORDELEORDINANCE ADOPTION
PROCEDURE, ETC.
An Ordinance to amend the Charter of the City of Cordele so
as to amend the ordinance adoption procedure by the City Com-
mission; to provide for a Safety Director; and for other purposes
in connection with said objectives, pursuant to authority con-
tained in Section 9.11 of the Charter of the City of Cordele
(Ga.L., 1969, p. 3852) and the Municipal Home Rule Act of 1965
(Ga. Code Ann., Section 69-1015, et seq.).
The City Commission of the City of Cordele hereby ordains as
follows:
1.
Sub-section 2.40(b) of the Charter of the City of Cordele
(Ga.L., 1969, p. 3828) is deleted in its entirety. Said deleted sub-
section reads as follows:
(b) ProcedureExcept as otherwise provided by this Char-
ter, each ordinance shall be introduced and read at a regular
meeting of the City Commission. The ordinance shall not be
adopted until the next regular meeting of the City Commission
following the meeting of its initial introduction, but said ordi-
nance may be amended, corrected or revised prior to adoption.
Upon introduction of any ordinance, the city clerk shall dis-
tribute a copy to the Chairman and each commission member,
to the city manager, the city clerk, and elsewhere as the Com-
mission may designate.
2.
A new Sub-section 2.40(b) is hereby substituted in the place
and stead of said deleted sub-section, and the new Subsection
shall henceforth read as follows:
(b) ProcedureExcept as otherwise provided by this Char-
ter, each ordinance shall be introduced and read at a regular or
special meeting of the City Commission. The ordinance shall not
be adopted until a subsequent regular or special meeting of the
City Commission following the meeting of its initial introduc-
4884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion, but said ordinance may be amended, corrected or revised
prior to adoption. However, unless otherwise provided by this
Charter, no ordinance may be introduced and adopted on the
same calendar day. Each ordinance adopted by the City Com-
mission shall be signed by the Chairman, or in his absence the
Vice Chairman of the City Commission and shall be effective
immediately upon final adoption unless a different effective date
is provided in the ordinance.
3.
Sub-section 2.40(c) of the Charter of the City of Cordele
(Ga.L., 1969, p. 3829) is deleted in its entirety and no new sub-
section is substituted in its place and stead. Said deleted Sub-
section reads as follows:
(c) Submission of Ordinance to Chairman of the Commis-
sionEvery ordinance. Every ordinance shall after adoption but
before it takes effect, be tendered to the chairman within five (5)
days for his approval. The Chairman shall sign the ordinance if
he approves it, whereupon it shall become effective. If he disap-
proves it, he shall return it to the commission with the reasons
for his disapproval at or prior to the next regular meeting of the
Commission. If the commission shall pass the ordinance by a
vote of at least three commissioners at a regular or special meet-
ing within seven days after the ordinance has been returned
with the disapproval of the Chairman, it shall become effective
without his approval. If the Chairman does not return the ordi-
nance or resolution of the commission within the time herein re-
quired, the same shall become effective without his approval.
4.
Section 3.22Chief Administrator, is hereby amended to read
as follows:
Section 3.22Chief Administrator. The City manager shall
be responsible to the City Commission for the proper adminis-
tration of all the affairs of the city unless the City Commission
has appointed a safety director as hereinafter provided. As chief
administrator, the city manager shall have the power to appoint
and remove all officers, department heads, and employees in the
GEORGIA LAWS 1983 SESSION
4885
administrative service of the city, except the city attorney who
shall be appointed as provided for in Article 3 hereof, and ex-
cept the safety director who shall be appointed and shall serve
as provided in Article 2A. hereof; however, if a safety director is
serving the city, the city manager may appoint and remove of-
ficers and employees assigned to the police and fire departments
only upon written recommendation or approval of the safety di-
rector. The city manager shall report to the City Commission
every appointment and removal of a department head at the
next commission meeting following the appointment or removal.
Except as may be modified in the event a safety director is serv-
ing as provided in Article 2A, it shall be the duty of the city
manager to supervise the administration of the affairs of the
city; to see that the ordinances, resolutions, and regulations of
the City Commission and the laws of the State are faithfully ex-
ecuted and enforced; to make such recommendations to the City
Commission concerning the affairs of the city as he shall deem
expedient; to keep the City Commission advised of the financial
condition and future financial needs of the city; to attend all
meetings of the City Commission and to prepare and to submit
to the City Commission such reports as he may deem expedient
or as may be required of him by the City Commission. He shall
perform such other functions as assigned by the City Commis-
sion, provided however, his remuneration shall not exceed the
amount of salary fixed in Section 3.20.
Section 3.22Chief Administrator, before the amendment
aforesaid contained the following text (Ga.L., 1969, pp. 3832,
3833):
Section 3.22Chief Administrator. The City manager shall
be responsible to the City Commission for the proper adminis-
tration of all affairs of the city. As chief administrator, the city
manager shall have the power to appoint and remove all officers,
department heads, and employees in the administrative service
of the city, except the city attorney who shall be appointed as
provided for in Article 3 hereof. The city manager shall report to
the City Commission every appointment and removal of a de-
partment head at the next commission meeting following the ap-
pointment or removal. It shall be the duty of the city manager to
supervise the administration of the affairs of the city; to see that
the ordinances, resolutions, and regulations of the City Commis-
4886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sion and the laws of the State are faithfully executed and en-
forced; to make such recommendations to the City Commission
concerning the affairs of the city as he shall deem expedient; to
keep the City Commission advised of the financial condition and
future financial needs of the city; to attend all meetings of the
City Commission and to prepare and to submit to the City Com-
mission such reports as he may deem expedient or as may be
required of him by the City Commission. He shall perform such
other functions as assigned by the City Commission, provided
however, his remuneration shall not exceed the amount of salary
fixed in Section 3.20.
5.
A new Article is herewith added to the Charter of the City of
Cordele, as follows:
Article 2A, Safety Director
Section 3.23Appointment; Qualifications; Term; Compen-
sation. The City Commission may, but is not required to, ap-
point a safety director, who shall have such qualifications as the
Commission may require. The safety director shall serve at the
pleasure of the City Commission and shall receive such compen-
sation as it shall determine.
Section 3.24Duties of the Safety Director. It shall be the
duty of the safety director to supervise the administration of the
affairs of the police and fire departments of the city; to see that
the ordinances, resolutions, and regulations of the City Commis-
sion and the laws of the State are faithfully executed and en-
forced; to make such recommendations to the City Commission
concerning police and fire protection functions as he shall deem
expedient; to attend all meetings of the City Commission and to
prepare and submit to the City Commission such reports as he
may deem expedient or as may be required of him by the City
Commission. The safety director may appoint and remove of-
ficers and employees of the police and fire departments only
upon written approval of the city manager. In all matters fiscal
the city manager shall remain the chief administrator of the city;
all purchases for the police and fire departments shall be accord-
ing to purchase procedures under his supervision and control;
GEORGIA LAWS 1983 SESSION
4887
and all receipts collected by the police and fire departments
shall be accounted for as he may direct; however, it shall be the
duty and responsibility of the safety director to enforce fiscal
policies and procedures of the city manager within the depart-
ments under his control. The safety director is directly responsi-
ble to the City Commission for the faithful and effective per-
formances of his duties, as well as the proper functioning of the
departments under his control.
6.
It is declared to be the legislative intent of this Ordinance that
it be severable, and that if any portion thereof be found illegal
or unconstitutional by a court of competent jurisdiction the re-
maining portions shall be of full force and effect.
7.
The requirements of Georgia Code, 69-1020 shall be accom-
plished by the city attorney.
8.
The required notices to the public required by Georgia Code,
69-1017(b)l have appeared in The Cordele Dispatch and a
copy of such notice is attached hereto and made a part hereof.
9.
This Ordinance shall become effective upon approval and
signing by the Chairman, and filings accomplished with the Sec-
retary of State and the Clerk of Crisp Superior Court, as pro-
vided by law.
Introduced and read at the regular meeting of the Cordele
City Commission February 16, 1982.
Adopted at the next consecutive regular meeting of the Cor-
dele City Commission March 2, 1982.
/s/ Perry M. Culpepper, Chairman
Approved: March 2, 1982
4888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Attest:
/s/ Jackie H. Brown, Clerk
[Official Seal]
Certification
State of Georgia
County of Crisp.
This is to certify that the within Ordinance is a true and accu-
rate copy of an Ordinance passed in final form by the City Com-
mission of the City of Cordele, Georgia, on the 2nd day of
March, 1982, as the same appears upon the Official Records of
the said City of Cordele, and that the said Ordinance is now,
and has been since said date, in full force and effect. I further
certify that I am the lawfully appointed Custodian of the said
Official Records of the said City or Cordele.
This the 3rd day of March, 1982.
/s/ Jackie H. Brown
City Clerk
[Official Seal]
Publishers Affidavit
State of Georgia
County of Crisp.
Personally appeared before the undersigned officer duly au-
thorized to administer oaths came Ralph E. Drinnon who being
first duly sworn, deposes and under oath says that he is Editor
of The Cordele Dispatch, a newspaper of general circulation
in Crisp County, Georgia, in which the advertisements of the
Crisp County Sheriff appear and that the legal advertisement, a
copy of which is attached hereto as SCHEDULE A, was pub-
lished in the said The Cordele Dispatch, on February 11, 18,
25, 1982, and that the said newspaper has been paid for such
GEORGIA LAWS 1983 SESSION
4889
publication.
This the 3rd day of March, 1982.
/s/ Ralph E. Drinnon
Sworn to and subscribed before me, this 3rd day of March,
1982.
/s/ Betty L. Taylor
Notary Public
My Commission Expires 9-19-82
[Notarial Seal]
Schedule A
Synopsis of Proposed Amendments to the Charter of the City
of Cordele
Pursuant to provisions of the Municipal Home Rule Act of
1965 (Georgia Code, Sec. 69-1017(b)(l)) the City Commission of
the City of Cordele herewith gives notice of its intention to
amend the Charter of the City of Cordele (Georgia Laws, 1969,
p. 3806, et seq.) by Ordinance to be introduced at its regular
meeting February 16, 1982, and adopted in final form at its reg-
ular meeting March 2, 1982.
A synopsis of the proposed ordinance is as follows:
1. Ordinance Procedure Amended
Sub-section 2.40(b) of the Charter will be deleted in its en-
tirety. The sub-section provides that each ordinance shall be in-
troduced and read at a regular meeting of the commission, but
shall not be adopted in final form until the next regular meeting
of the commission.
The new sub-section 2.40(b) will provide that each ordinance
shall be introduced and read at a regular or special meeting of
the commission. The ordinance shall not be adopted until a sub-
sequent regular or special meeting of the commission. No ordi-
nance may be introduced and adopted on the same calendar
4890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
day. Each ordinance shall be effective upon fined adoption unless
a different date is provided in the ordinance.
Sub-section 2.40(c) of the Charter will be deleted in its en-
tirety. The sub-section provides that the Chairman of the Com-
mission has five (5) days after adoption to approve and sign each
ordinance, and contains provisions for ordinance adoption if the
Chairman does not approve.
2. Safety Director Authorized
A new Article (2A) will be added to the Charter. It provides
for appointment of a safety director, his qualifications, term of
office, and compensation.
The Commission may, but is not required, to appoint a safety
director. If appointed, he will supervise the administration and
affairs of the police and fire departments and be directly respon-
sible to the City Commission. He will attend all meetings of the
City Commission, and serve at its pleasure at compensation set
by the Commission.
In the event a safety director is appointed Section 3.22 of the
Charter setting out duties, responsibilities and authority of the
city manager, will be amended so as not to conflict with the du-
ties, responsibilities of the safety director.
The city manger will remain the chief administrator of the
City, and all budget and fiscal matters of the City (including the
police and fire departments) shall be under his responsibility
and control.
If a safety director is serving the City appointment and re-
moval of officers and employees in the police and fire depart-
ments will require bilateral written action of the city manager
and the safety director.
3. Full Text of Proposed Ordinance Available to the Public
A copy of the proposed amendments (ordinance) is on file in
the Office of the Clerk of the City of Cordele and the Office of
the Clerk of the Superior Court of Crisp County for the purpose
GEORGIA LAWS 1983 SESSION
4891
of examination and inspection by the public.
The Clerk of the City of Cordele shall furnish anyone, upon
written request, a copy of the proposed amendments
(ordinance).
This 2nd day of February, 1982.
Cordele City Commission
Perry M. Culpepper, Chairman
Filed in the Office of the Secretary of State March 5, 1982.
CITY OF DECATURPOWERS
OF RECORDERS COURT, ETC.
An Ordinance
To amend the Charter of the City of Decatur, Georgia, under
and by virtue of and in compliance with and pursuant to the
provisions of the Municipal Home Rule Act of 1965 as amended.
[1965 Georgia Laws, pages 298, 299; 1966 Georgia Laws, page
296; 1976 Georgia Laws, page 1429. (Georgia Code Chapter 69-
10, Home Rule). Georgia Constitution, Article IX, Section III,
Paragraph I, (Georgia Code Annotated, Section 2-6001)]
Be it ordained by the City Commissioners of the City Decatur,
Georgia and it is hereby ordained by the authority of the same,
acting under and by virtue of and in compliance with and pursu-
ant 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:
4892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1.
Section 36 of the existing Charter entitled Power and author-
ity of recorders court is amended and revised so as to raise the
maximum fine amount from five hundred dollars ($500.00) to
one thousand dollars ($1,000.00) and to raise maximum impris-
onment term from thirty (30) days to sixty (60) days so that said
section as amended and revised shall read as follows:
Section 36. Power and authority of recorders court.
Said recorders court shall have power and full authority to
preserve order, compel the attendance of witnesses, order and
compel the production of books and papers to be used as evi-
dence, and to punish for contempt or disobedience to any of its
mandates. Said court shall have full authority and power to
punish, after conviction, all violations of the charter or any ordi-
nance of said city by fine, not to exceed one thousand dollars
($1000.00), by imprisonment in the city prison, or in the county
jail (having previously arranged such with the county authori-
ties); not to exceed sixty (60) days, and to such public works as
the judge of recorders court may direct, not to exceed sixty (60)
days; any one or more of these punishments may be inflicted by
the judge of recorders court, in his discretion, and the fines im-
posed may be collected by execution. The judge of recorders
court shall have full authority and power in said recorders
court, if the offense charged against the prisoner be beyond his
jurisdiction, to examine into the facts of the case; or if, on the
trial of any offender before said court, it develops from the evi-
dence that he or she is probably guilty of a violation of any
criminal law of this state, to commit the offender or offenders to
jail, or bail them, if the offense is bailable, by a justice of the
peace, to appear before the next superior court of DeKalb
County.
2.
Section 47 of the existing Charter entitled Bonded indebted-
ness is deleted in its entirety and is replaced by a new section
herein adopted which is substituted therefor, reading as follows:
The City Commission is authorized and empowered to assess,
GEORGIA LAWS 1983 SESSION
4893
levy and collect, annually, a tax on all taxable property of the
City, as other taxes are assessed, levied and collected, to pay the
annual interest on the bonded indebtedness of the City and to
provide a fund to pay off and discharge such bonds as they fall
due upon the terms upon which they were issued. Such taxes as
are collected for these purposes shall be used solely for these
purposes.
Be it further ordained that all ordinances and parts of ordi-
nances in conflict herewith be and the same are hereby repealed.
First Adoption September 6, 1982.
Attest:
/s/ Robert L. Hudgins
Clerk, City of Decatur, Georgia
(Seal)
Second Adoption September 20, 1982
Attest:
/s/ Robert L. Hudgins
Clerk, City of Decatur, Georgia
(Seal)
Certification
I, Robert L. Hudgins, the duly appointed and acting City
Clerk of the City of Decatur, Georgia, do hereby certify that the
attached is a true and correct copy of an Ordinance to amend
the Charter of the City of Decatur, Georgia, under and by virtue
of and compliance with and pursuant to the provisions of the
Municipal Home Rule Act of 1965 as amended, which was intro-
duced and read for the first time at a Regular Meeting of the
Decatur City Commission held on September 6, 1982. Motion
was duly made and seconded for adoption and, on roll-call vote,
adoption was unanimous.
This Ordinance was introduced and read for the second time
at the next Regular Commission Meeting held on September 20,
4894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1982. Again, motion was duly made and seconded for adoption
and, on roll-call vote, adoption was unanimous.
This Ordinance has now become a part of the Official Records
of the Governing Body of the City of Decatur, Georgia, on file in
my office, and may be examined by any interested party.
This 21st day of September, 1982.
/s/ Robert L. Hudgins, City Clerk
City of Decatur, Georgia
(Seal)
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Proposed Amendment to
Charter Public Notice, a true copy of which is hereto annexed;
was published in said newspaper in its issue of the 2, 9, 16th day
of September, 1982.
Gerald W. Crane, Co-Publisher
By: /s/ Linda L. Orr
Agent
Sworn to and subscribed before me this 16th day of Septem-
ber 1982.
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985
(Seal)
Public Notice
To All Interested Persons And Parties
GEORGIA LAWS 1983 SESSION
4895
Notice of proposed amendments to the Charter of the City of
Decatur, Georgia, 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,
Georgia.
The following is a synopsis of the proposed amendments:
Section 36. Power and authority of recorders court.
Proposed amendment and revision is to raise the maximum
fine amount from five hundred dollars ($500.00) to one thousand
dollars ($1,000.00) and to raise the maximum imprisonment
term from thirty (30) days to sixty (60) days as punishment af-
ter conviction for violations of the charter and ordinances of the
City.
Section 47. Bonded indebtedness.
Proposed amendment and revision is to delete the present sec-
tion in its entirety so as to abolish the Decatur Sinking Fund
Commission and to delete provisions, now obsolete, relating to
prior bond issues; and to provide for the assessment, levy and
collection, annually, of a tax on all taxable property of the City,
as other taxes are assessed, levied and collected, to pay the an-
nual interest on the bonded indebtedness of the City and to pro-
vide a fund to pay off and discharge such bonds as they fall due
upon the terms upon which they were issued. Such taxes as are
collected for these purposes shall be used solely for these
purposes.
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
4896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
those persons who may have an interest therein upon written
request.
The City Commissioners will consider the proposed amend-
ments at two regular consecutive meetings to be held on the 6th
day of September, 1982, and on the 20th day of September,
1982, at 7:30 oclock, P.M., at the Council Chamber at the Deca-
tur 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 September 17, 1982. All comments re-
specting the proposed amendments received by September 17,
1982, will be fully considered.
Notice given, this 26th day of August, 1982.
Robert E. Carpenter
Mayor, City of Decatur
Decatur City Hall
Post Office Box 220
Decatur, Ga. 30031
Filed in the Office of the Secretary of State September 28,
1982.
CITY OF DORAVILLEMAYOR-
COMPENSATION AND DUTIES
Ordinance No. 214
An Ordinance enacted pursuant to Georgia Code Section 69-
107 to amend the Charter of the City of Doraville, Section 2.07,
and Section 2.13, so as to increase the salary of the Mayor to
$24,000.00 annually, and to further define the duties of the
GEORGIA LAWS 1983 SESSION
4897
Mayor of the City of Doraville, and to set forth additional quali-
fications for the City of Doraville; and for other purposes:
Be it Ordained and it is hereby ordained by Mayor and City
Council of the City of Doraville, a political subdivision of the
State of Georgia, as follows:
Section I. Pursuant to the authority granted to the City under
the Home Rule Act, Georgia Code Section 69-1017, Section 2.07
of the Charter of the City of Doraville is hereby amended by
striking the figure $300.00 as the monthly salary for the Mayor
and substituting therefor the following, $2,000.00, so that, as
amended, Section 2.07 of the City Charter shall read as follows:
Section 2.07. Compensation and Expenses. Be it further en-
acted that the Mayor shall receive a salary of $2,000.00 per
month, and the Mayor Pro-Tern and each other member of the
City Council shall receive a salary of $200.00 per month. Each
councilman and the Mayor, when authorized by the Council and
upon the presentation of itemized vouchers shall receive their
actual and necessary expenses incurred in the performance of
their duties of office.
Section II. Pursuant to the authority granted to the City
under the Home Rule Act, Georgia Code Section 69-1017, Sec-
tion 2.13 of the Charter of the City of Doraville is hereby
amended by adding thereto the following two (2) sections, desig-
nated Sections 2.13 A and 2.13 B, to read as follows:
Section 2.13A. Additional Duties of Mayor. In addition to
the duties set forth in the immediately preceding paragraph, the
Mayor generally will be responsible for the administration and
operation of the City and be responsible for its actions. The du-
ties of the Mayor shall include the following:
(a) The preparation of the annual Budget reflecting all City
revenue and expenses.
(b) Supervision of the investment of City funds in a prudent
manner to achieve the highest rate possible being guided by the
Charter.
4898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Being responsible for till Federal and State funding that
may become available to and advantageous to the City of
Doraville, and the Mayors duty shall include becoming familiar
with all such Federal and State funding for the benefit of the
City.
(d) The Mayor shall additionally oversee the collection of all
taxes, permits, licenses and all other items which are part of the
revenue of the City.
(e) The Mayor shall represent the City in all Federal, State
and County briefings and meetings that pertain directly or indi-
rectly to the affairs of the City.
(f) The Mayor shall be responsible to respond to citizen
comments and provide an orderly method of handling citizen
complaints.
(g) The Mayor shall be the administrator of the City govern-
ment on a daily basis.
(h) The Mayor will be available at his office at the City Hall,
during normally established business hours, when not away from
City Hall on City business.
Section 2.13B. Limitation on Mayors Income.
The Mayor may not hold any other active position with any
other company, corporation or business entity while serving as
Mayor of the City of Doraville. The compensation paid to the
Mayor must constitute the majority of active income of the
Mayor excluding any investment, stock, bond, real estate or
other passive income sources.
Section III. Repeal for Certain Purposes. All Ordinances
or parts of Ordinances in conflict herewith are hereby repealed.
Section IV. Effective Date. This Ordinance shall become ef-
fective on May 4, 1982.
Section V. Severability. It is hereby declared to be the in-
tention of the Mayor and City Council of the City of Doraville
that the Sections, paragraphs, sentences, clauses and phrases of
GEORGIA LAWS 1983 SESSION
4899
this Ordinance are severable and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared uncon-
stitutional or otherwise invalid by a Court of competent jurisdic-
tion such unconstitutionality or invalidity shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or sections
of this Ordinance.
This 21st day of December, 1981.
/s/ Jesse C. Norman,
Mayor, City of Doraville
Attest:
/s/ James W. Buechler
City Clerk
First Reading: November 16, 1981
Second Reading: December 21, 1981
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of the Decatur-DeKalb News/Era, a newspaper pub-
lished at Decatur, county of DeKalb, State of Georgia, who, be-
ing duly sworn, states on oath that the report of Local Legisla-
tion-Expand Mayor to full time position, a true copy of which is
hereto annexed, was published in said newspaper in its issue of
the 26, 3, 10th day of Nov., Dec. 1981
Gerald Crane, Co-Publisher
By: /s/Linda L. Orr
Agent
Sworn to and subscribed before me this 10th day of Decem-
ber, 1981.
4900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Samme Johnson
Notary Public.
Notary Public, Georgia, State at Large
My Commission Expires Jan. 4, 1982
(Seal)
November 6, 1981
Notice of Local Legislation
Pursuant to Georgia Code Section 69-1017 notice is hereby
given that an Amendment to the Charter of the City of
Doraville, further expounding upon and expanding the duties of
Mayor, increasing the duties of the Mayor, and in general mak-
ing the Mayors position as full-time public office has been dis-
cussed and proposed by the City Council of the City of
Doraville. The salary of the Mayor will be increased from
$300.00 per month to $2,000.00 per month. A copy of the pro-
posed Amendment is on file in the office of the City Clerk of the
city of Doraville, 3725 Park Avenue, Doraville, Georgia, and the
office of the Clerk of the Superior Court of DeKalb County for
the purposes of examination and inspection by the public.
Action taken on the proposed Charter Amendment is intended
to be taken on the regularly scheduled meeting of the Mayor
and City Council of the City of Doraville on the third Monday in
December, 1981. (Dec. 21, 1981 at 8 P.M.)
Edward E. Carter
City Attorney for the
City of Doraville, Georgia
Filed in the Office of the Secretary of State January 21, 1982.
GEORGIA LAWS 1983 SESSION
4901
CITY OF DORAVILLEFINES AND
PUNISHMENT
Ordinance No. 217
An Ordinance enacted and adopted pursuant to the provisions
of Georgia Code 69-1017 to amend Article III., 3.03 of the
Charter of the City of Doraville, so as to increase the maximum
fine which may be imposed for violations of city laws and ordi-
nances from $500.00 to $2,500.00; to increase the maximum time
for which offenders may be committed to the city jail or DeKalb
County jail from thirty (30) days to ninety (90) days; to increase
the maximum time for which offenders may be sentenced to la-
bor on the streets or other public works of the City of Dorville
from thirty (30) days to ninety (90) days; to repeal conflicting
ordinances; and for other purposes.
Be it Ordained, and it is hereby ordained by the Mayor and
City Council of the City of Doraville, a political subdivision of
the State of Georgia, as follows:
Section I. Pursuant to the provisions of Georgia Code 69-
1017, Article III, 3.03 of the Charter of the City of Doraville is
hereby amended, as follows:
(a) By deleting the words and figures FIVE HUNDRED
DOLLARS ($500.00) from Line 12 of 3.03 of Article III, and
substituting therefor the words and figures TWO THOUSAND
FIVE HUNDRED DOLLARS ($2,500.00); and
(b) By deleting the words and figures Thirty (30) days
from Lines 14 and 16 of 3.03 of Article III, and substituting
therefor the words and figures Ninety (90) days.
As amended, Article III, 3.03 of the Charter of the City of
Doraville shall read, in its entirety as follows:
Section 3.03 Powers; Maximum Penalty; Contempt
Be it further enacted that the Judge of the Municipal Court
shall have jurisdiction to try all offenses against the laws and
Ordinances of the City of Doraville and to punish violators of
4902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the same. Said Court shall have the power to enforce its judg-
ments by the imposition of such penalties as may be provided by
law; to punish witnesses for non-attendance; and also to punish
for contempt. The Judge of Municipal Court shall have power
and authority to impose fines for the violations of any law or
Ordinance of the City of Doraville passed in accordance with its
Charter to an amount not to exceed TWO THOUSAND FIVE
HUNDRED DOLLARS ($2,500.00), or to imprison offenders in
the City Jail or DeKalb County Jail for a period of not more
than ninety (90) days, or to sentence offenders to labor on the
streets or other public works of the City of Doraville for not
more than ninety (90) days. Said Judge shall have the power and
authority to impose any one (1) 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 the
used as evidence, and to issue Subpoenas for these purposes,
and to issue such other processes as may be necessary to the
proper administration of said Court, and to punish for con-
tempt, provided such punishment for contempt shall not exceed
a fine of ONE HUNDRED DOLLARS ($100.00) or imprison-
ment in jail for not more than ten (10) days, either one (1) or
both.
Section 2. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 3. This Ordinance shall become effective after the
date of its passage by the Mayor and City Council of the City of
Doraville, upon the date when it is delivered to the Secretary of
State of the State of Georgia and the Clerk of the Superior
Court of DeKalb County, Georgia, pursuant to the provisions of
Georgia Code 69-1020.
Section 4. If any clause, subsection, section, sentence,
phrase or portion of this Ordinance shall be declared invalid or
unconstitutional by any court of competent jurisdiction or if the
provisions of any part of this Ordinance as applied to any situa-
tion or set of facts or circumstances shall be declared invalid or
unconstitutional such invalidity or unconstitutionality shall not
be construed to affect the portion of this Ordinance not so held
to be invalid or the application of the Ordinance to certain other
GEORGIA LAWS 1983 SESSION
4903
circumstances not so held to be invalid. It is the intent that this
Ordinance would have been adopted if such invalid portions had
not been included herein.
This 4 day of October, 1982.
/s/ Gene Lively, Mayor
City of Doraville
Attest:
/s/ Jim Buechler
City Clerk
First Reading: September 6, 1982
Second Reading: October 4, 1982
Publishers Certificate
State of Georgia
County of DeKalb
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper publisher
at Decatur, county of DeKalb, State of Georgia, who, being duly
sworn, states on oath that the report of Local Legislation-
Amendment to City Charter: Doraville, a true copy of which is
hereto annexed, was published in said newspaper in its issue of
the 5, 12, 19th day of August, 1982.
Gerald W. Crane, Co-Publisher
/s/ Linda L. Orr
Agent
Sworn to and subscribed before me this 19th day of August,
1982.
4904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Linda L. Orr
Notary Public
My commission expires June 21, 1985
(Seal)
Notice of Local Legislation July 27, 1982
Pursuant to Georgia Code 69-1017 notice is hereby given that
an Amendment to the Charter of the City of Doraville increasing
the maximum fine which may be imposed for violation of City of
Doraville Ordinances from Five Hundred Dollars ($500.00) to
Two Thousand Five Hundred Dollars ($2,500.00) and increasing
the maximum time for which offenders may be committed to the
City Jail or DeKalb County Jail from thirty (30) days to Ninety
(90) days and to increase the maximum time for which offenders
may be sentenced to labor on the streets or other public works
of the City of Doraville from thirty (30) to Ninety (90) days has
been discussed and proposed by the City Council of the City of
Doraville. A copy of the proposed Charter Amendment is on file
in the office of the City Clerk of the City of Doraville, 3725 Park
Avenue, Doraville, Georgia, and the office of the Clerk of the Su-
perior Court of DeKalb County for the purpose of examination
and inspection by the public.
Action taken on the proposed Charter Amendment is intended
to be taken on the regularly scheduled meeting of the Mayor
and City Council of the City of Doraville on the first Monday in
October, 1982.
Edward E. Carter, P.C.
James C. Watkins
City Attorney for the
City of Doraville
Filed in the Office of the Secretary of State November 4, 1982.
GEORGIA LAWS 1983 SESSION
4905
CITY OF EAST POINTNEW ELECTION WARD
BOUNDARIES
Home Rule Ordinance
An Ordinance adopted pursuant to the Municipal Home Rule
Act of 1965 (Ga. L. 1965, p. 298, et seq.) to amend an Act Estab-
lishing a Charter for the City of East Point, Georgia approved
August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several
acts amendatory thereof, and especially that Act approved April
9, 1973 (Ga. L. 1973, p. 2577, et seq.), and as further amended, is
hereby further amended by adoption of new election ward
boundaries reapportioned according to the 1980 decennial cen-
sus; to provide for severability; to provide for an effective date;
to repeal conflicting charter and ordinance provisions; and for
other purposes.
Be it Ordained by the Mayor and Council of the City of East
Point, and it is hereby ordained by authority of same that:
Section 1. An Act establishing a new Charter for the City of
East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p.
862, et seq.) and the several Acts amendatory thereof, and espe-
cially an Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et
seq.) is hereby further amended pursuant to the Municipal
Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) by striking
Section 4(2) of that Act of 1973 (Ga. L. 1973, p. 2577, 2589) of
the Charter of the City of East Point in its entirety and in-
serting in lieu thereof a new Section 4(2) which shall read as
follows:
Section 4.
(2) Said City shall be divided into four wards, to-wit: Wards
A, B, C and D, which are more particularly described as follows:
(a) WARD A: The boundaries of Ward A of said City are
as follows: Commencing at a point on the Northern limits of
the city limits of the City of East Point formed by the inter-
section of the Northerly city limits line of the City of East
Point and the centerline of Delowe Drive; thence along the
city limits line of the City of East Point Easterly, Northerly,
4906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Easterly, Southerly, Easterly, Southerly, Easterly, Southerly,
to a point where said city limits line intersects with the
North line of Land Lot 134 of the 14th District of Fulton
County, Georgia; thence South along the East right-of-way of
Main Street to a point formed by the intersection of the East
right-of-way line of Main Street and the centerline of Knotts
Avenue, if extended to form an intersection; thence Westerly
along the centerline of Knotts Avenue to the point of inter-
section with the centerline of Newnan Street, if the respec-
tive centerlines were extended to form an intersection;
thence South along the centerline of Newnan Street to the
point of intersection with the centerline of Hawthorne Way,
if the centerlines of the respective streets were extended to
form an intersection; thence Northwesterly and Westerly
along the centerline of Hawthorne Way to the West line of
Land Lot 135 of the 14th District of Fulton County, Georgia;
thence South along the West line of Land Lots 135 and 134
of the 14th District of Fulton County, Georgia, to the point
formed by the intersection of the West line of Land Lot 134
and the centerline of St. Joseph Avenue, if said centerline
was extended to form an intersection; thence West along the
centerline of St. Joseph Avenue to a point of intersection
with the centerline of Lawrence Street, if the respective cen-
terlines were extended to form an intersection; thence South-
westerly and Southeasternly along the centerline of Lawrence
Street to a point formed by the intersection of the centerline
of Lawrence Street and the centerline of Main Street, if the
respective centerlines were extended to form an intersection;
thence Southeasterly and Southwesterly along the centerline
of Main Street to a point where said centerline of Main
Street intersects with the South city limits line of the City of
East Point in Land Lot 158 of the 14th District of Fulton
County, Georgia; thence Westerly and following the South-
erly limits of the City of East Point and the meanderings
thereof to the point of intersection with the centerline of
Delowe Drive, if said centerline were extended to form an in-
tersection with the Southerly limits of the city limits of the
City of East Point; thence Northerly along the centerline of
Delowe Drive and following the meanderings thereof to its
point of intersection with the Northerly limits of the City of
East Point and THE POINT OF BEGINNING.
GEORGIA LAWS 1983 SESSION
4907
(b) WARD B: The boundaries of Ward B of said City are
as follows: Commencing at a point on the East right-of-way
line of Main Street where the East right-of-way line of Main
Street intersects with the city limits line of the City of East
Point and the North line of Land Lot 134 of the 14th District
of Fulton County, Georgia; thence Easterly along the city
limits line of the City of East Point and following the
meanderings thereof Southerly and Westerly along the
Southern limits of the City of East Point to a point formed
by the intersection of the Southerly limits of the City of East
Point with the centerline of Main Street in Land Lot 158 of
the 14th District of Fulton County, Georgia; thence North-
easterly and Northwesterly along the centerline of Main
Street to a point formed by the intersection of the centerline
of Main Street with the centerline of Lawrence Street, if the
respective centerlines were extended to form an intersection;
thence Northwesterly and Northeasterly along the centerline
of Lawrence Street to a point formed by the intersection of
the centerline of Lawrence Street with the centerline of St.
Joseph Avenue, if the respective centerlines were extended to
form an intersection; thence Easterly along the centerline of
St. Joseph Avenue to a point formed by the intersection of
the centerline of St. Joseph Avenue, if extended to form an
intersection, with the East line of Land Lot 134 of the 14th
District of Fulton County, Georgia; thence North along the
West line of Land Lots 134 and 135 of the 14th District of
Fulton County, Georgia, to a point formed by the intersec-
tion of the West line of Land Lot 135, aforesaid, with the
centerline of Hawthorne Way, if said centerline was extended
to form an intersection; thence Easterly and Southeasterly
along the centerline of Hawthorne Way to a point formed by
the intersection of Hawthorne Way with the centerline of
Newnan Street, if the respective centerlines were extended to
form an intersection; thence Northeasterly along the center-
line of Newnan Street to a point formed by the intersection
with the centerline of Knotts Avenue, if the respective cen-
terlines were extended to form an intersection; thence East-
erly along the centerline of Knotts Avenue to a point formed
by the intersection of the centerline of Knotts Avenue, if ex-
tended, with the East right-of-way line of Main Street;
thence Northeasterly along the East right-of-way line of
Main Street to its point of intersection with the city limits
4908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
line of the City of East Point and THE POINT OF
BEGINNING.
(c) WARD C: The boundaries of Ward C of said City are
as follows: Commencing at a point on the Northern limits of
the city limits of the City of East Point where said city limits
line intersects with the centerline of Delowe Drive; thence
South along the centerline of Delowe Drive and following the
meanderings thereof to a point formed by the intersection
with the Southerly limits of the City of East Point, if the
centerline of Delowe Drive were extended to form a point of
intersection; thence Westerly along the Southerly limits of
the City of East Point and following the meanderings thereof
to a point formed by the intersection of the city limits of the
City of East Point with the centerline of Dodson Drive Con-
nector, if said centerline were extended to form a point of
intersection; thence Northerly along the centerline of Dodson
Drive Connector to a point formed by the intersection of
Dodson Drive Connector and the centerline of Stone Road if
the respective centerlines were extended to form a point of
intersection; running thence Easterly along the centerline of
Stone Road to a point formed by the intersection with the
centerline of Pebble Drive if the respective centerlines were
extended to form a point of intersection; thence Northerly
along the centerline of Pebble Drive to a point formed by the
intersection with the centerline of Beech Drive if said center-
lines were extended to form an intersection; thence Easterly,
Northeasterly and Northwesterly and following the meander-
ings of the centerline of Beech Drive to its point of intersec-
tion with the centerline of Meadow Lark Lane if the respec-
tive centerlines were extended to form an intersection;
thence Northerly along the centerline of Meadow Lark Lane
to a point formed by the intersection of said centerline with
the centerline of Meadow Lark Drive if said centerlines were
extended to form a point of intersection; thence Westerly
and Northwesterly along the centerline of Meadow Lark
Drive and following the meanderings thereof to a point
formed by the intersection of said centerline with the center-
line of Rolling Brook Trail if said centerlines were extended
to form a point of intersection; thence Westerly, Southwest-
erly and Westerly along the centerline of Rolling Brook Trail
to the point of intersection of said centerline with the center-
GEORGIA LAWS 1983 SESSION
4909
line of Dodson Drive if said centerlines were extended to
form a point of intersection; thence Northerly along the cen-
terline of Dodson Drive to a point formed by the intersection
of said centerline with the centerline of Hogan Road if said
centerlines were extended to form a point of intersection;
thence Westerly along the centerline of Hogan Road to its
point of intersection with the Westerly limits of the city lim-
its of the City of East Point at the West line of Land Lot 221
of the 14th District of Fulton County, Georgia; thence
Northerly and Easterly along the city limits line of the City
of East Point and following the meanderings thereof to a
point on the Northern limits of the city limits of the City of
East Point where said city limits line intersects with the cen-
terline of Delowe Drive and THE POINT OF BEGINNING.
(d) WARD D: The boundaries of Ward D of said City are
as follows: Commencing at a point on the Southerly city lim-
its line of the City of East Point in Land Lot 194 of the 14th
District of Fulton County, Georgia, formed by the intersec-
tion of said city limits line with the centerline of Dodson
Drive Connector (also known as Dodson Drive); thence
Southerly, Westerly, Southerly, Westerly and Northerly,
Easterly, Northerly along the city limits of the City of East
Point and following the meanderings thereof to a point on
the Westerly limits of the City of East Point formed by the
intersection of said city limits line with the centerline of Ho-
gan Road; thence Easterly along the centerline of Hogan
Road to a point formed by the intersection of the centerline
of Hogan Road, if extended to intersect with the centerline
of Dodson Drive; thence Southerly along the centerline of
Dodson Drive to a point formed by the intersection of the
centerline of Dodson Drive and the centerline of Rolling
Brook Trail if said centerlines were extended to form a point
of intersection; thence Easterly, Northeasterly and Easterly
along the centerline of Rolling Brook Trail to a point formed
by said centerline with the centerline of Meadow Lark Drive
if said centerlines were extended to form a point of intersec-
tion; thence Southerly and Easterly along the centerline of
Meadow Lark Drive to a point formed by the intersection of
said centerline with the centerline of Meadow Lark Lane if
said centerlines were extended to form a point of intersec-
tion; thence South and Southwesterly along the centerline of
4910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Meadow Lark Lane to a point formed by the intersection of
said centerline with the centerline of Beech Drive if said cen-
terlines were extended to form a point of intersection; thence
Southeasterly, Southerly, Southwesterly and Westerly and
following the meanderings of the centerline of Beech Drive to
a point formed by the intersection of said centerline with the
centerline of Pebble Drive if said centerlines were extended
to form a point of intersection; thence South along the cen-
terline of Pebble Drive to a point formed by the intersection
of said centerline with the centerline of Stone Road if said
centerlines were extended to form a point of intersection;
thence West along the centerline of Stone Road to a point
formed by the intersection of said centerline with the center-
line of Dodson Drive Connector if said centerlines were ex-
tended to form an intersection; thence South, Southeasterly
and South along the centerline of Dodson Drive Connector to
a point formed by the intersection of said centerline, if ex-
tended, with the South limits of the City of East Point on its
Southern boundary and THE POINT OF BEGINNING.
Section 2. The City Clerk of East Point, Georgia, is hereby
directed to publish a notice containing a synopsis of this pro-
posed ordinance in the official organ of Fulton County, Georgia,
and in the official newspaper of the City of East Point once a
week for three weeks within a period of sixty days immediately
preceding the final adoption of this ordinance. Said City Clerk
shall further file a copy of this proposed ordinance in the office
of said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia for the purpose of examination and
inspection by the public. Said City Clerk is further directed to
furnish anyone upon written request a copy of this proposed or-
dinance. Upon adoption of this ordinance by the City Council,
the City Clerk is instructed within thirty days thereafter to fur-
nish certified copies of this ordinance to the Secretary of State
of the State of Georgia for enrollment in Georgia Laws
thereafter.
Section 3. Severability. In the event any section, subsection,
sentence, clause or phrase of this ordinance shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the previously existing provisions of the other
sections, subsections, sentences, clauses or phrases of this ordi-
GEORGIA LAWS 1983 SESSION
4911
nance, which shall remain in full force and effect, as if the sec-
tion, subsection, sentence, clause or phrase so declared or adju-
dicated invalid or unconstitutional were not originally a part
thereof. The City Council hereby declares that it would have
passed the remaining parts of this ordinance or retained the pre-
viously existing provisions if it had known that such part or
parts hereof would be declared or adjudicated invalid or
unconstitutional.
Section 4. This Ordinance shall become effective on the lat-
ter of January 1, 1982, or its date of approval by the Civil Rights
Division of the United States Justice Department as required
pursuant to the Voting Rights Act of 1965.
Section 5. All Charter provisions, ordinances or parts thereof
in conflict herewith are hereby repealed upon this Ordinance be-
coming effective as prescribed in Section 4 above.
First Reading 11-2-81
Second Reading 12-7-81
GNS 12/81
This Ordinance having been properly considered and adopted
by the City Council of the City of East Point, Georgia, same is
hereby approved.
This 7th day of December, 1981.
/s/ Mary Holleman, City Clerk
/s/ Walter A. Ponder, Mayor
I, Mary Holleman, do hereby certify that I am City Clerk of
the City of East Point, Georgia and that as such, I am the
keeper of the seal, minutes and records of said City and of the
City of East Point, Georgia; that the foregoing extract is a true,
correct and exact copy of the original thereof, adopted on the
7th day of December, 1981, as the same appears on record in the
office of the City Clerk of East Point, Georgia. IN WITNESS
4912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREOF, I have hereunto affixed my official signature and
the corporate seal of said City this 19th day of February, 1982.
/s/ Mary Holleman
City Clerk
(Seal)
Publishers Affidavit
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company, publishers of the Fulton County Daily Report,
official newspaper published at Atlanta, in said county and
State, and that the publication, of which the annexed is a true
copy, was published in said paper on the 22, 29 days of Oct.
1981, and on the 5 days of Nov. 1981. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 17 day of Feb. 1982.
/s/ Sara H. Allen
Notary Public, Georgia, State at Large
My Commission Expires Aug. 23, 1985
(Seal)
Public Notice
Pursuant to the Municipal Home Rule Act of 1965, as
amended, notice is hereby given that the Mayor and Council of
the City of East Point propose to adopt an ordinance 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 April 9, 1973 (Ga. L. 1973, p. 2577, at p. 2589, et seq.)
and as amended; to provide for the establishment of new Ward
boundaries, reapportioning the Wards of the City of East Point
GEORGIA LAWS 1983 SESSION
4913
pursuant to the 1980 Decennial Census; to provide for severabil-
ity; to provide for an effective date; to provide for repeal of con-
flicting ordinances and for other purposes.
A copy of the proposed ordinance is on file in the office of the
Clerk of the City of East Point, East Point City Hall, 2777 East
Point Street, East Point, Fulton County, Georgia; and in the of-
fice of the Clerk of the Superior Court of Fulton County, Geor-
gia, Fulton County Courthouse, 136 Pryor Street, SW, Atlanta,
Fulton County, Georgia, for examination and inspection by the
public. The City Clerk of said City will furnish anyone, upon
request, with a copy of the proposed ordinance.
The ordinance will be considered the first time at the regular
meeting of the Mayor and Council of the City of East Point on
November 2, 1981, and will be considered for final adoption at
the regular meeting of the Mayor and Council of the City of
East Point on November 16, 1981.
Maryu V. Holleman, City Clerk
City of East Point, Georgia
Filed in the Office of the Secretary of State February 22, 1982.
CITY OF EAST POINTLICENSE INSPECTOR, ETC.
Ordinance
An Ordinance adopted pursuant to the Municipal Home Rule
Act of 1965 (Ga. L. 1965, p. 298, et seq.) to amend an Act Estab-
lishing a Charter for the City of East Point, Georgia, approved
August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts
amendatory thereof and especially that Act approved March 21,
1974 (Ga. L. 1974, p.2497, et seq.) and especially that act ap-
proved by home rule adoption of an ordinance on January 3,
1978, is hereby further amended so as to provide for the transfer
of the functions of the City License Inspector from the Depart-
4914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment of Administrative Services to the Inspections Department
of the City of East Point; to delete the Office of Purchasing from
the functions of the Department of Administrative Services; to
provide for publication; to provide for transmittal to the Secre-
tary of State; to provide for severability; to repeal conflicting or-
dinances and charter provisions; and for other purposes.
Be it Ordained by the Mayor and Council of the City of East
Point, it is hereby ordained by authority of same that:
Section 1. An Act establishing a new Charter for the City of
East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p.
862, et seq.) and the several Acts amendatory thereof and espe-
cially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et
seq.) and as was further amended pursuant to Municipal Home
Rule Act (Ga. L. 1965, p. 298, et seq.) by Ordinance adopted
January 3, 1978, is hereby further amended by striking in its
entirety Section 67 of the Charter entitled Department of Ad-
ministrative Services and adopting in lieu thereof a new Section
67 which shall provide as follows:
Section 67. Department of Administrative Services.
The Department of Administrative Services shall consist of a
head of the department, a person who oversees the office of City
Clerk, City Treasurer, office of City Finance, and office of Tax
Assessment and Collection.
(a) The Department of Administrative Services of the City
of East Point shall oversee the functions of the office of City
Clerk and Assistant City Clerk and such other officers and em-
ployees as the City Council or City Manager shall from time to
time by ordinance or resolution provide for.
(b) The Department of Administrative Services shall oversee
the functions of the office of the City Treasurer and Assistant
City Treasurer and such other officers and employees as the City
Council or City Manager shall from time to time by ordinance or
resolution provide for. The City Treasurer shall collect, disburse,
subject to the direction of the department head and City Man-
ager, all monies due and belonging to the City as provided for by
law and ordinances of said City. The City Treasurer and Assis-
GEORGIA LAWS 1983 SESSION
4915
tant City Treasurer shall make and keep such books and records
and make such entries therein as may be required by the depart-
ment head, by the City Treasurer, by law, and the ordinances of
the City. The City Treasurer and Assistant City Treasurer shall
perform all other duties required by law and by the ordinances,
rules and regulations of said City. The Treasurers books and
records shall be subject to inspection by any citizen of said City
at all reasonable times, and all sums of money paid into the
hands of the Treasurer shall be for the exclusive use of said
City. Before entering upon the discharge of the Treasurers or
Assistant Treasurers duties, the Treasurer or Assistant Trea-
surer shall take and subscribe an oath before some officer, au-
thorized by law to administer oaths, to faithfully and honestly
discharge the duties of the Treasurers office, and shall execute a
bond in sufficient sum to protect the City against loss, with good
and sufficient security to be approved by the City Council. The
City Treasurer and Assistant City Treasurer shall keep separate
and correct accounts and records of all funds received and dis-
bursed so that such records will at all times reflect the true and
exact amount and condition of such accounts and funds. The
Treasurer and Assistant Treasurer shall make general and spe-
cial reports to the department head, to the City Manager, and to
the City Council in such manner and as often as may be re-
quired by any of them.
(c) The Department of Administrative Services of the City
of East Point shall oversee the functions of the office of the Tax
Assessment and Collection. In the office of Tax Assessment and
Collection there shall be a Tax Commissioner and such other of-
ficers and employees as the City Council or the City Manager
shall, from time to time, by resolution or ordinance provide for.
In addition thereto, the office of Tax Assessment and Collection
shall consist of three (3) assessors appointed for a term of four
(4) years by the City Council. The Board of Tax Assessors shall
constitute the Board of Tax Appeals. The Board of Tax Asses-
sors shall be compensated for services actually rendered as pro-
vided by ordinance. No one shall be eligible for appointment to
the office of Tax Commissioner or Tax Assessor except for prop-
erty owners residing in said City.
The City shall have authority by ordinance or resolution or
contract to arrange for the services of tax assessment through
4916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any joint or several agency of Fulton County or any other mu-
nicipal governing authority within Fulton County, Georgia for
the purposes of performing the functions of tax assessment and
its related functions and nothing herein shall be construed to
the contrary. In the event such an arrangement is made the
Board of Tax Assessors and Tax Appeals may be abolished and
the functions served by such entity shall, according to the terms
of any ordinance, resolution or contract, be filled by such agency
rendering such services, and such other functions as may be
spelled out or prescribed for and assigned to the Tax Commis-
sioner of the City of East Point and other provisions of this
Charter of the Code of Ordinances of the City of East Point.
Section 2. 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 espe-
cially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et
seq.) and as amended pursuant to the Municipal Home Rule Act
of 1965 (Ga. L. 1965, p. 298, et seq.) by Ordinance adopted Jan-
uary 3, 1978, is hereby further amended by striking in its en-
tirety Section 73 of the Charter of the City of East Point, and
inserting in lieu thereof a new Section 73 which shall read as
follows:
Section 73. Inspection Department.
The Inspection Department shall consist of a City Inspector
and such other officers and employees as the City Manager shall
provide for. Additionally, the Inspection Department shall con-
sist of a Business License Inspector and such other officers and
employees as the City Manager shall provide for.
Section 3. The City Clerk of East Point, Georgia, is hereby
directed to publish a notice containing a synopsis of this pro-
posed ordinance in the official organ of Fulton County, Georgia,
and in the official newspaper of the City of East Point once a
week for three weeks within a period of sixty days immediately
preceding the final adoption of this ordinance. Said City Clerk
shall further file a copy of this proposed ordinance in the office
of said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia for the purpose of examination and
inspection by the public. Said City Clerk is further directed to
GEORGIA LAWS 1983 SESSION
4917
furnish anyone upon written request a copy of this proposed or-
dinance. Upon adoption of this ordinance by the City Council,
the City Clerk is instructed within thirty days thereafter to fur-
nish certified copies of this ordinance to the Secretary of State
of the State of Georgia for enrollment in Georgia Laws
thereafter.
Section 4. Severability. In the event any section, subsection,
sentence, clause or phrase of this ordinance shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the previously existing provisions of the other
sections, subsections, sentences, clauses or phrases of this ordi-
nance, which shall remain in full force and effect, as if the sec-
tion, subsection, sentence, clause or phrase so declared or adju-
dicated invalid or unconstitutional were not originally a part
thereof. The City Council hereby declares that it would have
passed the remaining parts of this ordinance or retained the pre-
viously existing provisions if it had known that such part or
parts hereof would be declared or adjudicated invalid or
unconstitutional.
Section 5. All Charter provisions, ordinances and parts of or-
dinances in conflict herewith are hereby expressly repealed.
First Reading 5-4-81
Second Reading 5-18-81
GNS 4/81
This Ordinance having been properly considered and adopted
by the City Council of the City of East Point, Georgia, same is
hereby approved.
This 18th day of May, 1981.
/s/ Mary Holleman, City Clerk
/s/ Walter A. Ponder, Mayor
I, Mary Holleman, do hereby certify that I am City Clerk of
the City of East Point, Georgia and that as such, I am the
keeper of the seal, minutes and records of said City and of the
City of East Point, Georgia; that the foregoing extract is a true,
4918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
correct and exact copy of the original thereof, adopted on the
18th day of May, 1981, as the same appears on record in the
office of the City Clerk of East Point, Georgia. IN WITNESS
WHEREOF, I have hereunto affixed my official signature and
the corporate seal of said City this 19th day of February, 1982.
/s/ Mary Holleman
City Clerk
(Seal)
Publishers Affidavit
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company publishers of the Fulton County Daily Report,
official newspaper published at Atlanta, in said county and
State, and that the publication, of which the annexed is a true
copy, was published in said paper on the 16, 23, 30 days of April,
1981. As approved by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 17 day of Feb., 1982.
/s/ Sara H. Allen
Notary Public, Georgia, State at Large
My Commission Expires Aug. 23, 1985
(Seal)
Public Notice
Pursuant to the Municipal Home rule Act of 1965, as
amended, notice is hereby given that the City Council of the
City of East Point, Georgia, proposes to adopt an ordinance to
amend an Act establishing a Charter for the City of East Point,
Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.)
and the several Acts amendatory thereof and especially that Act
approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) and as
GEORGIA LAWS 1983 SESSION
4919
amended; and particularly that Home Rule Act dopted January
3, 1978, is hereby further amended so as to provide for transfer
of the functions of the City License Inspector from the Depart-
ment of Administrative Services to the Inspections Department
of the City of East Point; to delete the office of Purchasing from
the functions of the Department of Administrative Services; to
repeal conflicting Charter and Ordinance provisions; to provide
for severability; to provide for publiction; to provide for trans-
mittal to the Secretary of State; and for other purposes.
A copy of the proposed Ordinance is on file in the office of the
City Clerk of the City of East Point, City Hall, East Point,
Georgia, and the office of the Clerk of the Superior Court of
Fulton County, Fulton County Courthouse, Atlanta, Georgia, for
examination and inspection by the public. The City Clerk of
said City will furnish anyone upon request with a copy of the
proposed Ordinance.
The Ordinance will be considered the first time at the regular
meeting of the Mayor and Council of the City of East Point,
Georgia, on May 4, 1981, and will be considered for final adop-
tion at the regular meeting of the Mayor and Council of the City
of East Point, Georgia, on May 18, 1981.
Mary Holleman, Clerk
City of East Point, Georgia
Filed in the Office of the Secretary of State February 22, 1982.
CITY OF EAST POINTSALARIES OF MAYOR AND
COUNCIL
Ordinance
An Ordinance adopted pursuant to the Municipal Home Rule
Act of 1965 (Ga. L. 1965, p. 298, et seq.) To amend an Act Es-
tablishing a Charter for the City of East Point, Georgia, ap-
4920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
proved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the
several acts amendatory thereof including that Act approved
March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and that Act ap-
proved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.), and particu-
larly that Home Rule Act adopted May 17,1976 (enrolled in Ga.
L. 1977, p. 4620, at 4621) to set the salaries and other compensa-
tion payable to the Mayor and Council; to provide for compli-
ance with the Municipal Home Rule Act of 1965; to provide for
enrollment; to provide for severability; to repeal conflicting laws
and ordinances; and for other purposes.
Be it Ordained by the Mayor and Council of the City of East
Point, and it is hereby ordained by authority of same that:
Section 1. An Act establishing a new Charter for the City of
East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et
seq.) and the several Acts amendatory thereof including that Act
approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and that
Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et seq.) and
particularly that Home Rule Act adopted May 17,1976 (enrolled
in Ga. L. 1977, p. 4620, at 4621) is hereby further amended by
striking Section 19 of the Charter of the City of East Point (des-
ignated as Section 2-111 according to the present codification of
the Charter and Ordinances of the City of East Point) and in-
serting in lieu thereof a new Section 19, which shall read as
follows:
Section 19. Salaries of Mayor and Council.
Exclusive of the premiums paid by the City on group insur-
ance, the Mayor shall receive an annual salary up through and
including December 31, 1984, of Four Thousand Dollars
($4,000.00), and thereafter, commencing on January 1, 1985, ex-
clusive of the premiums paid by the City on group insurance,
the Mayor shall receive an annual salary of Five Thousand Two
Hundred Dollars ($5,200.00), and the Mayors salary shall not be
reduced during his term of office. Each Councilman shall receive
an annual salary of Two Thousand Six Hundred Dollars
($2,600.00), exclusive of premiums paid by the City for group
insurance. Said salaries of the Mayor and Councilmen shall be
paid in equal bi-weekly installments. In addition to the annual
salary set forth above, the Mayor shall receive an annual ex-
GEORGIA LAWS 1983 SESSION
4921
pense allowance up through and including December 31, 1984, of
Two Thousand Five Hundred Dollars ($2,500.00), payable bi-
weekly; and thereafter, commencing on January 1, 1985, the
Mayor shall receive an annual expense allowance of One Thou-
sand Three Hundred Dollars ($1,300.00), payable bi-weekly; and
each Councilman shall be paid an annual expense allowance of
One Thousand Two Hundred Dollars ($1,200.00), payable bi-
weekly.
Section 2. The City Clerk of East Point, Georgia, is hereby
directed to publish a notice containing a synopsis of this pro-
posed ordinance in the official organ of Fulton County, Georgia,
and in the official newspaper of the City of East Point once a
week for three weeks within a period of sixty days immediately
preceding the final adoption of this ordinance. Said City Clerk
shall further file a copy of this proposed ordinance in the office
of said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia for the purpose of examination and
inspection by the public. Said City Clerk is further directed to
furnish anyone upon written request a copy of this proposed or-
dinance. Upon adoption of this ordinance by the City Council,
the City Clerk is instructed within thirty days thereafter to fur-
nish certified copies of this ordinance to the Secretary of State
of the State of Georgia for enrollment in Georgia Laws
thereafter.
Section 3. Severability. In the event any section, subsection,
sentence, clause or phrase of this ordinance shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the previously existing provisions of the other
sections, subsections, sentences, clauses or phrases of this ordi-
nance, which shall remain in full force and effect, as if the sec-
tion, subsection, sentence, clause or phrase so declared or adju-
dicated invalid or unconstitutional were not originally a part
thereof. The City Council hereby declares that it would have
passed the remaining parts of this ordinance or retained the pre-
viously existing provisions if it had known that such part or
parts hereof would be declared or adjudicated invalid or
unconstitutional.
Section 4. All Charter provisions, ordinances and parts of or-
dinances in conflict herewith are hereby expressly repealed.
4922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. This Ordinance shall become effective on January
1, 1982.
First Reading 12-21-81
Second Reading 1-4-82
GNS 11/81
This Ordinance having been properly considered and adopted
by the City Council of the City of East Point, Georgia, same is
hereby approved.
This 4th day of January, 1982.
/s/ Mary Holleman, City Clerk
/s/ Walter A. Ponder, Mayor
I, Mary Holleman, do hereby certify that I am City Clerk of
the City of East Point, Georgia and that as such, I am the
keeper of the seal, minutes and records of said City and of the
City of East Point, Georgia; that the foregoing extract is a true,
correct and exact copy of the original thereof, adopted on the
4th day of January, 1982, as the same appears on record in the
office of the City Clerk of East Point, Georgia. IN WITNESS
WHEREOF, I have hereunto affixed my official signature and
the corporate seal of said City this 19th day of February, 1982.
/s/ Mary Holleman
City Clerk
(Seal)
Publishers Affidavit
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company, publishers of the Fulton County Daily Report,
official newspaper published at Atlanta, in said county and
GEORGIA LAWS 1983 SESSION
4923
State, and that the publication, of which the annexed is a true
copy, was published in said paper on the 10, 17, 24, 31 days of
Dec. 1981. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 17 day of Feb. 1982
/s/ Sara H. Allen
Notary Public, Georgia, State at Large
My Commission Expires, Aug. 23, 1985
(Seal)
Public Notice
Pursuant to the Municipal Home Rule Act of 1965, as
amended, notice is hereby given that the Mayor and Council of
the City of East Point purpose to consider for adoption an ordi-
nance 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, including
that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.),
and that Act approved April 9, 1973 (Ga. L. 1973, p. 2577, et
seq.), and particularly that Home Rule Act adopted May 17,
1976 (enrolled in Ga. L. 1977, p. 4620, at 4621) to set the salaries
and other compensation payable to the Mayor and Council; to
provide for compliance with the Municipal Home Rule Act of
1965; to provide for enrollment; to provide for severability; to
repeal conflicting laws and ordinances; and, for other purposes.
A copy of the proposed Ordinance is on file in the office of the
City Clerk of the City of East Point, East Point City Hall, 2777
East Point Street, East Point, Fulton County, Georgia; and, in
the office of the Clerk of the Superior Court of Fulton County,
Georgia, Fulton County Courthouse, 136 Pryor Street, SW, At-
lanta, Fulton County, Georgia, for examination and inspection
by the public. The City Clerk of said City will furnish anyone,
upon written request, with a copy of the proposed Ordinance.
The Ordinance will be considered the first time in the regular
meeting of the Mayor and Council of the City of East Point on
Monday, December 21, 1981, and will be considered for final
4924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
adoption at the regular meeting of the Mayor and Council of the
City of East Point on Monday, January 4, 1982.
Mary V. Holleman,
City Clerk
City of East Point,
Georgia
Filed in the Office of the Secretary of State February 22, 1982.
CITY OF EAST POINTRETIREMENT SYSTEM
Home Rule Ordinance
An Ordinance to amend an Ordinance adopted pursuant to
the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et
seq.) amending the Municipal Charter of the City of East Point,
Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.)
and the several acts amendatory thereof including that Act
adopted June 19, 1975 establishing a New Retirement System
for the employees of the City of East Point, Georgia, enrolled in
Georgia Laws 1976 (Ga. L. 1976, p. 4561, et seq.) and particu-
larly that Act and Ordinance adopted August 18, 1980, and en-
rolled in Georgia Laws 1981 (Ga. L. 1981, p. 5083, et seq.) to
delete provisions relating to school crossing guards; to provide
for severability; to provide for enrollment; to repeal conflicting
laws and ordinances; and, for other purposes.
Be it Ordained by the Mayor and Council of the City of East
Point, and it is hereby ordained by authority of same that:
Section 1. An Act establishing a new Charter for the City of
East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p.
862, et seq.) and the several acts amendatory thereof, including
an Act adopted pursuant to the Municipal Home Rule Act of
1965 (Ga. L. 1965, p. 268, et seq.) on June 19, 1975, establishing
a new retirement system for the employees of the City of East
GEORGIA LAWS 1983 SESSION
4925
Point, Georgia, enrolled in Georgia Laws 1976 (Ga. L. 1976, p.
4561, et seq.) and especially that Act adopted August 18, 1980 as
enrolled in Georgia Laws 1981 (Ga. L. 1981, p. 5083, at p. 5084)
so as to adopt a new Article III, Section 1 (CLASS 1) which shall
read as follows:
Article III. Eligibility, Qualification and Participation.
Section 1. Ineligible Classes of Employees.
The following classes of employees shall not become eligible
for participation in the Plan.
CLASS 1 - Employees who regularly work less than thirty (30)
hours per week in the service of the City or any person em-
ployed for less than eleven (11) months in any year, or on a re-
tainer or fee basis.
Section 2. Severability. In the event any section, subsection,
sentence, clause or phrase of this ordinance shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the previously existing provisions of the other
sections, subsections, sentences, clauses or phrases of this ordi-
nance, which shall remain in full force and effect, as if the sec-
tion, subsection, sentence, clause or phrase so declared or adju-
dicated invalid or unconstitutional were not originally a part
thereof. The City Council hereby declares that it would have
passed the remaining parts of this ordinance or retained the pre-
viously existing provisions if it had known that such part or
parts hereof would be declared or adjudicated invalid or
unconstitutional.
Section 3. The City Clerk of East Point, Georgia, is hereby
directed to publish a notice containing a synopsis of this pro-
posed ordinance in the official organ of Fulton County, Georgia,
and in the official newspaper of the City of East Point once a
week for three weeks within a period of sixty days immediately
preceding the final adoption of this ordinance. Said City Clerk
shall further file a copy of this proposed ordinance in the office
of said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia for the purpose of examination and
inspection by the public. Said City Clerk is further directed to
4926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
furnish anyone upon written request a copy of this proposed or-
dinance. Upon adoption of this ordinance by the City Council,
the City Clerk is instructed within thirty days thereafter to fur-
nish certified copies of this ordinance to the Secretary of State
of the State of Georgia for enrollment in Georgia Laws
thereafter.
Section 4. All Charter provisions, ordinances and parts of or-
dinances in conflict herewith are hereby expressly repealed.
First Reading 1-19-82
Second Reading 2-1-82
GNS 12/81
This Ordinance having been properly considered and adopted
by the City Council of the City of East Point, Georgia, same is
hereby approved.
This 1st day of Feb. 1982.
/s/ Mary Holleman, City Clerk
/s/ Walter A. Ponder, Mayor
I, Mary Holleman, do hereby certify that I am City Clerk of
the City of East Point, Georgia and that as such, I am the
keeper of the seal, minutes and records of said City and of the
City of East Point, Georgia; that the foregoing extract is a true,
correct and exact copy of the original thereof, adopted on the 1st
day of February, 1982, as the same appears on record in the of-
fice of the City Clerk of East Point, Georgia. IN WITNESS
WHEREOF, I have hereunto affixed my official signature and
the corporate seal of said City this 19th day of February, 1982.
(Seal)
/s/ Mary Holleman
City Clerk
GEORGIA LAWS 1983 SESSION
4927
Publishers Affidavit
State of Georgia
County of Fulton.
Before me, the undersigned, a Notary Public, this day person-
ally came Frances K. Beck, who, being first duly sworn, accord-
ing to law, says that she is the President of the Daily Report
Company, publishers of the Fulton County Daily Report,
official newspaper published at Atlanta, in said county and
State, and that the publication, of which the annexed is a true
copy, was published in said paper on the 28 days of Dec. 1981,
and on the 4, 11 days of Jan. 1982. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me this 17 day of Feb. 1982
/s/ Sara H. Allen .
Notary Public, Georgia, State at Large
My Commission Expires Aug. 23, 1985
(Seal)
Public Notice of a Proposed Home Rule Enactment by the
City of East Point, Georgia
Pursuant to the Municipal Home Rule Act of 1965, as
amended, notice is hereby given that the City Council of the
City of East Point proposed to consider for adoption an ordi-
nance to amend an Act establishing a Charter for the City of
East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p.
862, et seq.) and the several acts amendatory thereof including
that Act adopted June 19, 1975 establishing a new Retirement
System for the employees of the City of East Point, Georgia, en-
rolled in Georgia Laws 1976 (Ga. L. 1976, p. 4561, et seq.) and
particularly that Act and Ordinance adopted August 18, 1980,
and enrolled in Georgia Laws 1981 (Ga. L. 1981, p. 5083, et seq.)
to delete provisions relating to school crossing guards; to provide
for severability; to provide for enrollment; to repeal conflicting
laws and ordinances; and, for other purposes.
A copy of the proposed ordinance is on file in the office of the
4928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City Clerk of the City of East Point, East Point City Hall, East
Point, Georgia, and, the office of the Clerk of the Superior Court
of Fulton County, Fulton County Courthouse, Atlanta, Georgia,
for examination and inspection by the public. The City Clerk of
said City will furnish anyone upon request with a copy of the
proposed ordinance.
The Ordinance will be considered the first time at the regular
meeting of the City Council of the City of East Point on the
18th day of January, 1982 and will be considered for final adop-
tion at the regular meeting of the City Council on the 1st day of
February, 1982.
/s/ Mary Holleman,
City Clerk
City of East Point
Georgia
Filed in the Office of the Secretary of State February 22,1982.
CITY OF EAST POINTCITY COURT POWERS
Home Rule Ordinance
An Ordinance to amend an Ordinance adopted pursuant to
Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.)
amending the Municipal Charter of the City of East Point,
Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.)
and the several acts amendatory thereof including that Act ap-
proved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as
amended by that Home Rule Ordinance approved November 20,
1978 and enrolled in Georgia Laws 1979, page 4814, is hereby
further amended by striking Section 99 of said Charter, at 4817,
so as to increase the jurisdictional limits of the court to allow
fines up to $1000.00, or imprisonment of offenders not to exceed
120 days; to provide for severability; to provide for enrollment;
to repeal conflicting laws and ordinances; and, for other
GEORGIA LAWS 1983 SESSION
4929
purposes.
Be it Ordained by the Mayor and Council of the City of East
Point and, it is hereby ordained by authority of same that:
Section 1. An Act establishing a new Charter for the City of
East Point approved April 19, 1912 (Ga. L. 1912, p. 862, et seq.)
and the several acts amendatory thereof including an Act
adopted pursuant to the Municipal Home Rule Act of 1965 (Ga.
L. 1965, p. 298, et seq.) on November 20, 1978 and enrolled in
Georgia Laws 1979 (Ga. L. 1979, p. 4814, et seq.), is hereby fur-
ther amended by repealing Section 99 (at page 4817) in its en-
tirety and inserting in lieu thereof a new Section 99 which shall
provide as follows:
Section 99. Maximum fines and penalties; contempt.
The city court of East Point shall have power and authority to
impose fines to an amount not exceeding One Thousand Dollars
($1000.00), or to imprison offenders in the city jail for a period
of not more than 120 days, or to labor on the public works or
streets in the city chain gang for not more than 120 days, or any
part of any of such punishments or combination thereof, in the
discretion of the judge for violation of a city ordinance. He shall
be clothed with all rights, powers and privileges of the mayor as
to said city court, and shall have the same powers as judges of
the superior courts of this state to punish for contempts by a
fine not to exceed One Hundred Dollars ($100.00) or imprison-
ment in the city jail not to exceed fifteen (15) days. He shall
perform the duties of a justice of the peace in issuing warrants
for state offenses committed within the corporate limits of the
city, which warrants may be executed by any member of the po-
lice force of said city, and may try and commit the offenders to
the Fulton County jail, or admit them to bail in bailable cases
for their appearance at the next term of a court of competent
jurisdiction. Said court shall have jurisdiction, power and au-
thority throughout Fulton County for the purpose of compelling
the attendance of witnesses residing anywhere in said county.
Section 2. Severability. In the event any section, subsection,
sentence, clause or phrase of this ordinance shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in
4930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
no manner affect the previously existing provisions of the other
sections, subsections, sentences, clauses or phrases of this ordi-
nance, which shall remain in full force and effect, as if the sec-
tion, subsection, sentence, clause or phrase so declared or adju-
dicated invalid or unconstitutional were not originally a part
thereof. The City Council hereby declares that it would have
passed the remaining parts of this ordinance or retained the pre-
viously existing provisions if it had known that such part or
parts hereof would be declared or adjudicated invalid or
unconstitutional.
Section 3. This ordinance shall become effective on 7-19-82.
Section 4. The City Clerk of East Point, Georgia, is hereby
directed to publish a notice containing a synopsis of this pro-
posed ordinance in the official organ of Fulton County, Georgia,
and in the official newspaper of the City of East Point once a
week for three weeks within a period of sixty days immediately
preceding the final adoption of this ordinance. Said City Clerk
shall further file a copy of this proposed ordinance in the office
of said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia for the purpose of examination and
inspection by the public. Said City Clerk is further directed to
furnish anyone upon written request a copy of this proposed or-
dinance. Upon adoption of this ordinance by the City Council,
the City Clerk is instructed within thirty days thereafter to fur-
nish certified copies of this ordinance to the Secretary of State
of the State of Georgia for enrollment in Georgia Laws
thereafter.
Section 5. All Charter provisions, ordinances and parts of or-
dinances in conflict herewith are hereby expressly repealed.
First Reading 7-6-82
Second Reading 7-19-82
GNS 6/82
This Ordinance having been properly considered and adopted
by the City Council of the City of East Point, Georgia, same is
hereby approved.
GEORGIA LAWS 1983 SESSION
4931
This 19th day of July, 1982.
/s/ Mary Holleman, City Clerk
/s/ Walter A. Ponder, Mayor
Publishers Certificate
State of Georgia
County of Fulton
Personally appeared before the undersigned, a notary public
within and for said county and State, of Georgia, publisher of
the Southside/Fayette Sun, a newspaper published at East
Point, Georgia, county of Fulton, State of Georgia, who, being
duly sworn, states on oath that the report of Public Notice of a
Proposed Home Rule Enactment, a true copy of which is hereto
annexed, was published in said newspaper in its issue of the 1, 8,
15 day of July, 1982.
/s/ Gerald W. Crane,
Publisher
Sworn to and subscribed before me this 1st day of Sept., 1982.
/s/ C. Edwin Hornsby
Notary Public.
My commission expires 8-19, 1986
(Seal)
Public Notice of a Proposed Home Rule Enactment by the
City of East Point, Georgia
Pursuant to the Municipal Home Rule Act of 1965, as
amended, notice is hereby given that the City Council of the
City of East Point proposes to consider for adoption an ordi-
nance to amend an Act establishing a Charter for the City of
East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p.
862, et seq.) and the several acts amendatory thereof including
that Act adopted pursuant to the Municipal Home Rule Act of
1965 (Ga. L. 1965, p. 298, et seq.) on November 20, 1978 and
enrolled in Georgia Laws 1979 (Ga. L. 1979, p. 4814, et seq.), is
4932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hereby further amended by repealing Section 99 (at page 4817)
so as to increase the jurisdictional limits of the court to allow for
fines up to $1000, or imprisonment of offenders not to exceed
120 days; to provide for severability; to provide for enrollment;
to repeal conflicting laws and ordinances; and, for other
purposes.
A copy of the proposed ordinance is on file in the office of the
City Clerk of the City of East Point, East Point City Hall, East
Point, Georgia, and, in the office of the Clerk of the Superior
Court of Fulton County, Fulton County Courthouse, Atlanta,
Georgia, for examination and inspection by the public. The City
Clerk of said City will furnish anyone upon request with a copy
of the proposed ordinance.
The Ordinance will be considered the first time at the regular
meeting of the City Council of the City of East Point on the 6th
day of July, 1982, and will be considered for final adoption at
the regular meeting of the City Council on the 19th day of July,
1982.
Mary Holleman, City Clerk
City of East Point, Georgia
Filed in the Office of the Secretary of State September 7,
1982.
CITY OF EAST POINTFINES AND IMPRISONMENT
OF OFFENDERS
Home Rule Ordinance
An Ordinance to amend an Ordinance adopted pursuant to
Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.)
amending the Municipal Charter of the City of East Point,
Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.)
and the several acts amendatory thereof including that Act ap-
GEORGIA LAWS 1983 SESSION
4933
proved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as
amended by that Home Rule Ordinance approved November 20,
1978 and enrolled in Georgia Laws 1979, page 4814, and as most
recently amended by that Home Rule Ordinance approved July
19, 1982 and which as yet has not been enrolled in Georgia
Laws, is hereby further amended by striking Section 99 of said
Charter so as to increase the jurisdictional limits of the Court to
allow fines up to $2000.00, or imprisonment of offenders not to
exceed 180 days; to provide for severability; to provide for en-
rollment; to repeal conflicting laws and ordinances; and, for
other purposes.
Be it Ordained by the Mayor and Council of the City of East
Point and, it is hereby ordained by authority of same that:
Section 1. An Act establishing a new Charter for the City of
East Point approved April 19, 1912 (Ga. L. 1912, p. 862, et seq.)
and the several acts amendatory thereof including an Act
adopted pursuant to the Municipal Home Rule Act of 1965 (Ga.
L. 1965, p. 298, et seq.) on November 20, 1978 and enrolled in
Georgia Laws 1979 (Ga. L. 1979, p. 4814, et seq.), and as was
further amended by that Home Rule Ordinance approved on
July 19, 1982, and which has not yet been enrolled in Georgia
Laws, is hereby further amended by repealing Section 99 in its
entirety and inserting in lieu thereof a new Section 99 which
shall provide as follows:
Section 99. Maximum fines and penalties; contempt.
The city court of East Point shall have power and authority to
impose fines to an amount not exceeding Two Thousand Dollars
($2000.00), or to imprison offenders in the city jail for a period
of not more than 180 days, or to labor on the public works or
streets in the city chain gang for not more than 120 days, or any
part of any of such punishments or combination thereof, in the
discretion of the judge for violation of a city ordinance. He shall
be clothed with all rights, powers and privileges of the mayor as
to said city court, and shall have the same powers as judges of
the superior courts of this state to punish for contempts by a
fine not to exceed One Hundred Dollars ($100.00) or imprison-
ment in the city jail not to exceed fifteen (15) days. He shall
perform the duties of a justice of the peace in issuing warrants
4934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for state offenses committed within the corporate limits of the
city, which warrants may be executed by any member of the po-
lice force of said city, and may try and commit the offenders to
the Fulton County jail, or admit them to bail in bailable cases
for their appearance at the next term of a court of competent
jurisdiction. Said court shall have jurisdiction, power and au-
thority throughout Fulton County for the purpose of compelling
the attendance of witnesses residing anywhere in said county.
Section 2. Severability. In the event any section, subsection,
sentence, clause or phrase of this ordinance shall be declared or
adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the previously existing provisions of the other
sections, subsections, sentences, clauses or phrases of this ordi-
nance, which shall remain in full force and effect, as if the sec-
tion, subsection, sentence, clause or phrase so declared or adju-
dicated invalid or unconstitutional were not originally a part
thereof. The City Council hereby declares that it would have
passed the remaining parts of this ordinance or retained the pre-
viously existing provisions if it had known that such part or
parts hereof would be declared or adjudicated invalid or
unconstitutional.
Section 3. This ordinance shall become effective on 12/6/82.
Section 4. The City Clerk of East Point, Georgia, is hereby
directed to publish a notice containing a synopsis of this pro-
posed ordinance in the official organ of Fulton County, Georgia,
and in the official newspaper of the City of East Point once a
week for three weeks within a period of sixty days immediately
preceding the final adoption of this ordinance. Said City Clerk
shall further file a copy of this proposed ordinance in the office
of said clerk and in the office of the clerk of the Superior Court
of Fulton County, Georgia for the purpose of examination and
inspection by the public. Said City Clerk is further directed to
furnish anyone upon written request a copy of this proposed or-
dinance. Upon adoption of this ordinance by the City Council,
the City Clerk is instructed within thirty days thereafter to fur-
nish certified copies of this ordinance to the Secretary of State
of the State of Georgia for enrollment in Georgia Laws
thereafter.
GEORGIA LAWS 1983 SESSION
4935
Section 5. All Charter provisions, ordinances and parts of or-
dinances in conflict herewith are hereby expressly repealed.
First Reading 11/15/82
Second Reading 12/6/82
GNS 10/82
This Ordinance having been properly considered and adopted
by the City Council or the City of East Point, Georgia, same is
hereby approved.
This 6 day of December, 1982.
/s/ Evelyne Reeves, City Clerk
/s/ Walter A. Ponder, Mayor
Publishers Certificate
State of Georgia
County of Fulton
Personally appeared before the undersigned, a notary public
within and for said county and State, of Georgia, publisher of
the Southside/Fayette Sun, a newspaper published at East
Point, Georgia, county of Fulton, State of Georgia, who, being
duly sworn, states on oath that the report of Proposed Home
Rule Enactment, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 11, 18, 25 day of
December, 1982.
Gerald W. Crane,
Publisher
/s/ Peggy B. Knight,
Agent
Sworn to and subscribed before me this 16th day of Decem-
ber, 1982.
4936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ D. H. K.
Notary Public
My commission expires 9/2, 1986.
(Seal)
Public Notice of a Proposed Home Rule Enactment by the
City of East Point, Georgia
Pursuant to the Municipal Home Rule Act of 1965, as
amended, notice is hereby given that the City Council of the
City of East Point proposes to consider for adoption an ordi-
nance to amend an Act establishing a Charter for the City of
East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p.
862, et seq.) and the several acts amendatory thereof including
that Act adopted pursuant to the Municipal Home Rule Act of
1965 Ga. L. 1965, p. 298, et seq.) on November 20, 1978 and
enrolled in Georgia Laws 1979 (Ga. L. 1979, p. 4814, et seq.), and
as most recently amended by that Home Rule Ordinance ap-
proved on July 19, 1982 and which as yet has not been enrolled
in Georgia Laws, is hereby further amended by striking Section
99 of said Charter so as to increase the jurisdictional limits of
the court to allow fines up to $2000.00 or imprisonment of of-
fenders not to exceed 180 days; to provide for severability; to
provide for enrollment; to repeal conflicting laws and ordinances;
and, for other purposes.
A copy of the proposed ordinance is on file in the office of the
City Clerk of the City of East Point, East Point City Hall, East
Point, Georgia, and, in the office of the Clerk of the Superior
Court of Fulton County, Fulton County Courthouse, Atlanta,
Georgia, for examination and inspection by the public. The City
Clerk of said City will furnish anyone upon request with a copy
of the proposed ordinance.
The Ordinance will be considered the first time at the regular
meeting of the City Council of the City of East Point on the
15th day of November, 1982, and will be considered for final
adoption at the regular meeting of the City Council on the 6th
GEORGIA LAWS 1983 SESSION
4937
day of December, 1982.
Evelyne Reeves,
City Clerk
City of East Point, Georgia
Filed in the Office of the Secretary of State December 27,
1982.
CITY OF ELBERTONRECORDERFINING
AUTHORITY
Ordinance Number 833
An Ordinance to amend the Charter of the City of Elberton,
Article IV. City Recorder, Section 35 by increasing the fining au-
thority of the City Recorder from $300 per violation of city ordi-
nances to $500 per violation of city ordinances; and for other
purposes.
Section One
Be it ordained and it is hereby ordained by the authority of
the Mayor and Council of the City of Elberton that the Charter
of the City of Elberton is hereby amended by striking from Arti-
cle IV. City Recorder, Section 35 the words Three Hundred Dol-
lars ($300) and inserting in lieu thereof the words Five Hundred
Dollars ($500) so that, as amended, said Section will read as
follows:
The court for the trial of offences against the ordinances of
the city shall be known as the recorders court, and at the first
meeting of the city council after their election and qualification,
they shall elect a city recorder for the ensuing year, and until his
successor is elected and qualified, to hold said court. His salary
shall be fixed by the city council, and he shall take such oath as
may be prescribed by that body. Any vacancy in the office of
city recorder shall be filled by the city council. Such recorder,
may hold said court, and may exercise all the powers conferred
by law upon the recorder, and may punish for any violation of
the ordinances of the city by a fine not exceeding five hundred
dollars ($500.00), imprisonment in the city jail or imprisonment
4938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the county jail by permission of the county authorities, not
exceeding sixty (60) days, or work on the street chain gang, or
other public work under the supervision of the chief of police or
the superintendent of the street department, not exceeding sixty
(60) days any one or more, or all of these, at the discretion of the
recorders court. When sitting as a court for the trial of offences
the said court shall have the power to punish for contempt by
fine not exceeding one hundred dollars ($100.00), imprisonment
or work in the manner already prescribed in this section for not
exceeding fifty (50) days, one or both, at the discretion of the
recorders court. Any judgment of the recorders court may be
reviewed by the certiorari to the superior court of Elbert
County, as provided by law in such cases.
Section Two.
Be it further ordained that all ordinances or parts of ordi-
nances in conflict herewith be and the same are hereby repealed.
First Reading: Councilman Thornton
Second Reading: Councilman Thornton
Adopted: September 13, 1982
I, Iola S. Stone, City Clerk of the City of Elberton, Georgia, do
hereby certify that the above is a true and exact copy of an Or-
dinance adopted at the regular meeting of the Mayor and City
Council of the City of Elberton held September 13, 1982, and
that the same appears upon the official minutes of the Mayor
and City Council of the City of Elberton, Georgia
/s/ Iola S. Stone
City Clerk
(Seal)
Notice of Amendment to the Charter of the City of Elberton
Notice is hereby given that an amendment to the charter of
the City of Elberton has been proposed which would amend Ar-
ticle IV. City Recorder, Section 35 by increasing the fining au-
GEORGIA LAWS 1983 SESSION
4939
thority of the City Recorder for violation of City Ordinances
from $300 per violation to $500 per violation.
A copy of the proposed amendment is on file at the office of
the City Clerk, Mrs. Iola Stone at the City Municipal Complex
and at the office of the Clerk of the Superior Court, Mr. Charles
Rucker where it is available for purposes of examination and in-
spection by members of the general public.
Notice is further given that the proposed amendment may be
adopted by the City Council of the City of Elberton at its next
regularly scheduled meeting on Monday, September 13, 1982.
Iola S. Stone
Clerk, City of Elberton
First Reading: Councilman Thornton
Second Reading: Councilman Thornton
Adopted: September 13, 1982
I, Iola S. Stone, City Clerk of the City of Elberton, Georgia, do
hereby certify the above to be a true and exact copy of an Ordi-
nance adopted at the regular meeting of the Mayor and City
Council of the City of Elberton held September 13, 1982, and
that the same appears upon the official minutes of the Mayor
and City Council of the City of Elberton, Georgia.
/s/ Iola S. Stone
City Clerk
(Seal)
Affidavit
Elbert County
To Whom It May Concern:
This is to certify that the legal notice attached hereto has
been published in the: THE ELBERTON STAR-The Elbert
4940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Beacon newspaper legal organ for Elbert County, the following
dates, to-wit:
August 12, 1982
August 19, 1982
August 26, 1982
Sworn to on the 23rd day of November, 1982
/s/ Jon Hunt,
Editor & General Manager
Sworn to and subscribed to before me on the 23rd day of No-
vember 1982.
/s/ Mary C. Taylor
Notary Public
(Seal)
Notice of Amendment to the Charter of the City of Elberton
Notice is hereby given that an amendment to the charter of
the City of Elberton has been proposed which would amend Ar-
ticle IV. City Recorder, Section 35 by increasing the fining au-
thority of the City Recorder for violation of City Ordinances
from $300 per violation to $500 per violation.
A copy of the proposed amendment is on file at the office of
the City Clerk, Mrs. Iola Stone at the City Municipal Complex
and at the office of the Clerk of the Superior Court, Mr. Charles
Rucker where it is available for purposes of examination and in-
spection by members of the general public.
Notice is further given that the proposed amendment may be
adopted by the City Council of the City of Elberton at its next
regularly scheduled meeting on Monday, September 13, 1982.
Iola S. Stone
Clerk, City of Elberton
Filed in the Office of the Secretary of State December 10,
1982.
GEORGIA LAWS 1983 SESSION
4941
CITY OF GRIFFINCOMPENSATION OF CITY
COMMISSIONERS
Georgia
Spalding County
Resolution
In accordance with the provisions of Georgia Laws 1981, page
2969 (Ga. Code Ann. 69-109) and pursuant to notice of the in-
tention to consider this resolution which was published in the
Griffin Daily News, a newspaper of general circulation in the
City of Griffin, Georgia, on January 22, 29 and February 5, 1982:
Be it resolved, by the Board of Commissioners of the City of
Griffin that the salary and compensation of each commissioner
as heretofore set in 2.16, Commissioners Salary of the Charter
of the City of Griffin be and the same is hereby fixed effective on
and after December 15, 1982 as follows:
Each of the members of the Board of Commissioners of the
City of Griffin shall receive a salary of $400.00 per month except
that the Chairman of the Board shall receive a salary of $500.00
per month. In addition to the foregoing, each of the commission-
ers shall receive an expense allowance of $100.00 per month. No
commissioner shall receive any other remuneration except actual
expense for attending special conferences and meetings outside
Spalding County, Georgia, which expenses must be approved by
the entire Board of Commissioners.
Resolution approved and adopted this 23 day of February,
1982.
By: /s/ R. L. Norsworthy, Mayor
Attest
/s/ Roy L. Inman, City Manager
(Seal)
4942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Certification
I, ROY L. INMAN, do hereby certify that I am the City Man-
ager of the City of Griffin and serve as Secretary to the Board of
City Commissioners and I do further certify that the enclosed
Resolution to amend Section 2.16 of the Charter of the City of
Griffin so as to increase compensation of each member of the
Board of Commissioners to become effective after the taking of
office of Commissioner elected at the next regular municipal
election, was duly passed by the Board of City Commissioners at
regular meeting held February 23, 1982 after having been appro-
priately publicized in the Griffin Daily News.
/s/ Roy L. Inman, City Manager
and
Secretary to Board of City
Commissioners
/s/ Joyce H. Cochran
Witness
This 25th day of February, 1982.
Georgia
Spalding County
Personally appeared before the undersigned officer duly au-
thorized to administer oaths, QUIMBY MELTON, JR., who,
upon oath, says that he is the publisher of a newspaper known
as the Griffin Daily News, and the official newspaper of Spalding
County, Georgia, and certifies that the within notice of Home
Rule Amendment pertaining to increase in salary and compensa-
tion of each commissioner as heretofore set in 2.16 of the Char-
ter of the City of Griffin was published in said newspaper on
January 22, 29 and February 5, 1982.
This 26th day of February, 1982.
/s/ Quimby Melton, Jr., Publisher
Griffin Daily News
Sworn to and subscribed before me this 26th day of February,
GEORGIA LAWS 1983 SESSION
4943
1982.
/s/ Katherine V. Busbin
Notary Public, Spalding County, Ga.
(Seal)
Notice
Notice is hereby given that the Board of City Commissioners
of the City of Griffin at regular meeting February 9, 1982 will
consider adoption of Resolution to amend Section 2.16 of the
Charter of the City of Griffin so as to increase the compensation
of each member of the Board of Commissioners to become effec-
tive after the taking of office of those elected at next regular mu-
nicipal election.
Filed in the Office of the Secretary of State March 4, 1982.
CITY OF MACONEMPLOYEE DISABILITY PENSIONS
An Ordinance of the City of Macon amending Section 5.3 of
Article V of the Macon Pensions and Retirement System, as set
forth in an Act of the General Assembly of Georgia, approved
August 3rd, 1927 (Georgia Laws 1927, page 1283 et. seq.), as
amended, particularly by an Act approved March 27, 1972
(Georgia Laws 1972, page 3152 et. seq.), as amended, incorpo-
rated by reference in the charter of the City of Macon, Division
I, Article V, Chapter 5, Section 5-502, Paragraph (b), Code of
Macon, Georgia (1978), as amended, pursuant to the authority
granted the City of Macon under the Municipal Home Rule Act
of 1965, 1965 Georgia Laws, page 298, et. seq., by changing the
method of determination of amount of retirement benefits for a
disability pension; to provide for an effective date; and for other
purposes.
Be it Ordained by the City of Macon and it is hereby ordained
by the authority of same as follows:
4944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Pursuant to the authority granted the City of Macon under
the Municipal Home Rule Act of 1965 (1965 Ga. Laws, pg. 298 et
seq., as amended; Georgia Code Annotated Section 69-1017 et.
seq.) as follows:
Section 5.3 of Article V of the Macon Pensions and Retire-
ment System is hereby amended by deleting in its entirety said
Section 5.3 and substituting in lieu thereof a new Section 5.3
which reads as follows:
5.3 Disability Pension
An Employee who meets the requirements for a Disability
Pension shall receive a monthly amount equal to fifty (50%)
percent of his Average Monthly Compensation less an amount
equal to the amount of fifty (50%) percent of his actual monthly
Primary Social Security Disability Benefit. In addition, he shall
receive a monthly amount equal to one-half (V2) of one (1%)
percent of his Average Monthly Compensation for each com-
pleted year of service in excess of five (5) years.
This amendment to be effective January 1, 1982.
All charter provisions or ordinances of the City of Macon in
conflict herewith are hereby repealed.
So Ordained this 1st day of December, 1981.
/s/ Rodney L. Smith
President Pro Tern of Council
Approved this 9th day of December, 1981.
/s/ Geo. M. Israel III
Mayor
So Ordained this 15th day of December, 1981.
/s/ Eugene Dunnody
President, City Council
GEORGIA LAWS 1983 SESSION
4945
Approved this 16th day of December, 1981.
M Geo. M. Israel III
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 Dec. 1, 1981. Witness my hand and seal of
the City of Macon this December 2, 1981.
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office December 2, 1981. Returned from
Mayors office December 11, 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 15th Dec. 1981. Witness my hand and seal
of the City of Macon this December 16, 1981
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors office December 16, 1981. Returned
from Mayors office December 16, 1981.
December 29, 1981
I, James E. Hunnicutt, City Clerk, do hereby certify that the
attached copy of ordinance #0-81-0110 concerning disability
pension benefits is a true and correct copy of said ordinance on
file in the City Clerks Office, City Hall.
/s/ James E. Hunnicutt,
City Clerk
4946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 advertise-
ment as per attached clipping has been published in the Macon
News on the following dates: 11/6, 13, 20
Signed: Gail Brafford
Sworn to and Subscribed before me this 7th day of December,
1981
/s/ Jacque Young
Notary Public, Bibb County, Georgia
My Commission Expires Mar. 24, 1985
Georgia, Bibb County
Public Notice
This advertisement is to provide notice that the City of Ma-
con proposes to amend the Charter of the City of Macon, Divi-
sion I, Article V, Chapter 5, Section 5-502, (b) of the Code of
Macon, Georgia (1978), as amended in accordance with the pro-
cedure set forth in Georgia Code Section 69-1017 (b) designated
as the Municipal Home Rule Act of 1965, as amended, so as to
change certain provisions relating to the Macon Pensions and
Retirement System. Copies of the proposed amendments are on
file in the office of the Clerk of the City of Macon and in the
office of the Bibb County Superior Court Clerk.
Filed in the Office of the Secretary of State January 4, 1982
GEORGIA LAWS 1983 SESSION
4947
CITY OF MACONMUNICIPAL COURTFINES AND
PUNISHMENT AUTHORITY
An Ordinance of the City of Macon to amend the Charter of
the City of Macon pursuant to the authority vested in the City
of Macon by virtue of the Municipal Home Rule Act of 1965
(Acts 1965, pp. 298, 299), so as to provide that the maximum
fine that may be imposed in the Municipal Court of the City of
Macon shall be $500.00; to provide that the maximum amount of
time for imprisonment in the city prison shall be 50 days; to
provide an effective date; to repeal conflicting provisions; and for
other purposes.
Be it Ordained by the Mayor and Council of the City of Ma-
con and it is hereby ordained by authority of the same as
follows:
The Charter of the City of Macon (Georgia Laws 1977, page
3776), as amended, is hereby further amended so as to amend
Section 7-103, Paragraph J, so as to provide that the maximum
fine that may be imposed in the Municipal Court in the City of
Macon shall be FIVE HUNDRED and NO/100 ($500.00) DOL-
LARS and that the maximum time of imprisonment in the City
Prison shall be fifty (50) days so that said Paragraph J of Sec-
tion 7-103 reads as follows:
Section 7-103(j)
The Judge of 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 punishment: a
fine not to exceed FIVE HUNDRED and NO/100 ($500.00)
DOLLARS, imprisonment in the City Prison for a period of not
more than fifty (50) days, commitment at labor upon the public
works and streets of the City for a period of not more than sixty
(60) days; or any one or all of these punishments when the facts
of the case justify such punishment; provided, however, that
each contempt of Municipal Court shall be punishable either by
imposition of a fine not exceeding ONE HUNDRED and NO/
100 ($100.00) DOLLARS or by imprisonment in the City Prison
for a period of time not exceeding thirty (30) days.
4948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All Charter provisions or parts of Charter provisions in con-
flict herewith are hereby repealed.
This Ordinance shall become effective upon its final adoption
by the Mayor and Council of the City of Macon and upon re-
ceipt of a copy of said Charter Amendment by the Secretary of
State of the State of Georgia.
Adopted this 6th day of April, 1982.
/s/ Eugene Dunwody
President, City Council
Approved this 8th day of April, 1982.
/s/ Geo. M. Israel III
Mayor
Adopted this 20th day of April, 1982.
/s/ Eugene Dunwody
President, City Council
Approved this 27th day of April, 1982.
/s/ Geo. M. 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 6th April 1982. Witness my hand and seal of
the City of Macon this April 7, 1982.
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office April 7, 1982. Returned from
GEORGIA LAWS 1983 SESSION
4949
Mayors office April 12, 1982.
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 20, 1982. Witness my hand and seal of
the City of Macon this April 21, 1981.
/s/ James E. Hunnicutt
Clerk of Council
Submitted to Mayors Office April 21, 1982. Returned from
Mayors Office April 29, 1982.
June 14, 1982
I, James E. Hunnicutt, City Clerk, do hereby certify that the
attached ordinance increasing the maximum fine that can be im-
posed in Municipal Court is a true and correct copy on file in
the City Clerks Office.
/s/ James E. Hunnicutt
City Clerk
(Seal)
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 affadivit, and that advertise-
ment as per attached clipping has been published in the Macon
News on the following dates: 03/19, 03/26, 04/ 2
/s/ Sara Rodgers
4950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me this 02 day of April, 1982.
/s/ Jacque Young
Notary Public, Bibb County, Georgia
My Commission Expires Mar. 24, 1985
Georgia, Bibb County
Legal Notice
Notice of Intention to Amend the Charter of the City of
Macon
Notice is hereby given that the City of Macon intends to
amend the Charter of the City of Macon so as to increase the
maximum amount of fines and sentences of the Municipal Court
of the City of Macon. A copy of said legislation is on file in the
City Clerks office, City Hall, Macon, Georgia and is available for
public inspection during regular City of Macon business hours.
/s/ James E. Elliott
City Attorney
Filed in the Office of the Secretary of State June 17, 1982.
CITY OF PERRYRECORDERS COURTFINING
AUTHORITY
Amendment to Perry Municipal Charter in accordance with
the Georgia Municipal Home Rule Act of 1965, as amended.
Be it ordained by the Mayor and Council of the City of Perry,
Georgia and by virtue thereof, it is hereby ordained that the
Charter Laws of the City of Perry are amended under the fol-
lowing terms and conditions:
GEORGIA LAWS 1983 SESSION
4951
1.
That Sec. 34. Maximum Punishment Authorized; Powers
(1) (Ga. Laws 1937, p. 2029, 62; Ga. Laws 1952, p. 2277, 2) is
amended by changing the amount of maximum fine from
$200.00 to $500.00 so that the Code reads as follows:
(1) The city recorder of the City of Perry shall have power to
impose fines for the violation of any ordinance of the City of
Perry, passed in accordance with its charter, to an amount not
to exceed five hundred ($500.00) dollars, or to imprison offend-
ers in the city jail or the county jail of Houston County for the
space (a period) of not more than thirty days, or at labor on the
public works and streets of the City of Perry for not more than
sixty days; the said city recorder shall have the power and au-
thority to impose any one or more of these punishments when in
his opinion the facts of the case justify it.
This ordinance is adopted subject to the hereinafter terms and
conditions.
2.
That the proposed municipal charter amendment by the
within ordinance be adopted at this July 6, 1982 meeting of the
Mayor and Council of the City of Perry as well as at the next
July 20, 1982 meeting of the Mayor and Council at the City of
Perry.
3.
That a notice containing a synopsis of the proposed amend-
ment shall be punished in The Houston Home Journal once a
week for three weeks beginning July 22, 1982.
4.
That a copy of the proposed amendment be filed in the Office
of the Clerk of the City of Perry and the Office of the Clerk of
Houston Superior Court for the purpose of examination and in-
spection by the public and that the notice to be published in
The Houston Home Journal shall state that a copy of the pro-
4952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
posed amendment is on file in the office of the Clerk of the City
of Perry and the office of the Clerk of Houston Superior Court.
5.
That upon its final adoption a copy of this amendment to the
Perry City Charter, a copy of the required notice of publication,
and an affidavit of a duly authorized representative of the Hous-
ton Home Journal in which such notice was published, to the
effect that said notice has been published as provided by law, be
filed with the Secretary of State and the office of the Clerk of
Houston Superior Court.
So Adopted initially this 6th day of July, 1982.
City of Perry
By: /s/ Barbara C. Calhoun,
Mayor
Attest:
/s/ F. Marion Hay, Clerk
So adopted and finally enacted this 20th day of July, 1982.
City of Perry
By: /s/ Barbara C. Calhoun,
Mayor
Attest:
/s/ F. Marion Hay, Clerk
I hereby certify that the within and foregoing amendment to
the Perry Municipal Charter has been filed in the Office of the
Clerk of the City of Perry all in accordance with Section 69-1020
of the Municipal Home Rule Act of 1965.
/s/ F. Marion Hay
Clerk, Perry Municipal Court
(Seal)
GEORGIA LAWS 1983 SESSION
4953
I hereby certify that the within and foregoing amendment to
the Perry Municipal Charter has been filed in the Office of the
Clerk of the Superior Court of Houston County all in accordance
with Section 69-1020 of the Municipal Home Rule Act of 1965.
/s/ Farise R. Bryant
Clerk, Houston Superior Court
(Seal)
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,
Notice of Intent to amend charter was published in The Hous-
ton Home Journal on the following dates: July 22, 29, August 5,
1982.
This 9th day of August, 1982.
/s/ Jim Kerce
Publisher, Houston Home
Journal
Perry, Georgia
Sworn to and subscribed before me this 9th day of August
1982.
/s/ Emily A. Montgomery
Notary Public
Houston County
My Commission Expires Aug. 23, 1985
(Seal)
Notice of Intent to Amend the Perry City Charter in
Accordance with the Georgia Municipal Home Rule Act of
1965
In accordance with the Georgia Municipal Home Rule Act of
1965, notice is hereby given that the Mayor and Council of the
City of Perry propose to amend the Charter of the City of Perry
4954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
propose to amend the Charter of the City of Perry by increasing
the maximum fine which the City Recorder shall have the power
to impose for violations of ordinances of the City of Perry from
the present amount of $200.00 to $500.00.
This notice shall run once a week for three weeks in The
Houston Home Journal, to-wit: July 22, 1982; July 29, 1982; and,
August 5, 1982.
A copy of the proposed amendment is on file in the Office of
the Perry City Clerk and the Office of the Clerk of the Superior
Court of Houston County, Georgia.
This notice is given in accordance with the ordinance adopted
at the July 6, 1982 regular meeting of the Mayor and Council of
the City of Perry and the ordinance adopted at the July 20, 1982
regular meeting of the Mayor and Council of the City of Perry.
Additionally, this notice is given in accordance with the Georgia
Municipal Home Rule Act of 1965.
Walker, Richardson
Hubert & Gray
Attorneys for the
City of Perry
Filed in the Office of the Secretary of State August 20, 1982.
CITY OF RIVERDALEQUALIFICATIONS OF MAYOR
AND COUNCILMEN
An Ordinance to amend the Charter of the City of Riverdale
(Ga. Laws 1956, p. 2205, Act No. 53, approved February 13, 1956
and as thereafter amended); to provide for the qualifications of
the Mayor and Councilmen of the City of Riverdale; to promote
the public welfare; and for other purposes.
Be it Ordained by the Mayor and Council of the City of
GEORGIA LAWS 1983 SESSION
4955
Riverdale and it is hereby enacted pursuant to the authority of
the same that the Charter of the City of Riverdale be amended
as follows:
1. By striking the following from Ga. Laws 1963, p. 2815, Act
No. 251, 3; Ga. Laws 1970, p. 2611, Act No. 995, 3; Ga. Laws
1971, p. 3829, Act No. 728, 2; Ga. Laws 1972, p. 3465, Act No.
1358, 1 (Section 15 of the Charter of the City of Riverdale):
. . . of seventy-five dollars ($75.00) if he is a candidate for
mayor, and a qualifying fee of fifty dollars ($50.00) if he is a
candidate for councilman.
2. And substituting the following words:
. . . as determined by the laws of the State of Georgia.
3. So that Section 15 of the Charter shall now read as
follows:
Sec. 15. Qualifications of mayor and councilmen and notice
of candidacy.
No person shall be eligible for the office of mayor or council-
man of said city unless he shall have been a resident of said city
for a period of one (1) year immediately preceding the time that
he qualified to run for office; shall have attained or passed his
twenty-first birthday, and shall be a qualified voter in municipal
elections for officers of said city, not convicted of any crime in-
volving moral turpitude, and entitled to register under the regis-
tration laws which may be in force at that time in said city. No
persons name shall be placed on the ballot as a candidate for
mayor or councilman unless such person shall have filed with
the clerk of said city thirty (30) days prior to the election in
which he desires to be a candidate (legal holidays and Sundays
excluded) his written notice that he desires that his name be
placed on said ballot as a candidate either for mayor or council-
man and shall have paid a qualifying fee as determined by the
laws of the State of Georgia. Such written notice shall be in such
form and contain such information as the mayor and council
may provide by ordinance. No person shall be eligible for the
office of mayor or councilman of said city unless such person
4956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall file the above notice within the time prescribed herein and
have paid his qualifying fee.
A copy of this proposed Amendment to the Charter of the
City of Riverdale (Ga. Laws 1956, p. 2205, Act No. 53 (February
13, 1956) shall be filed in the Office of the Clerk of the Council
of the City of Riverdale and in the Office of the Clerk of the
Superior Court of Clayton County, Georgia, and a notice of this
proposed Amendment to the Charter of the City of Riverdale, in
the form attached hereto as Exhibit A and by reference made
a part thereof shall be published once a week for three weeks in
a newspaper of general circulation in the City of Riverdale and a
copy of said advertisement shall be attached to this Ordinance
prior to its final adoption by the Mayor and Council of the City
of Riverdale. Said advertisement shall state that a copy of the
proposed Amendment is on file in the office of the City Clerk of
the City of Riverdale and of the Office of the Clerk of the Supe-
rior Court of Clayton County.
All laws and parts of laws in conflict herewith are hereby
repealed.
Enacted this 1st day of February, 1981.
Mayor and Council
of the
City of Riverdale
By: /s/Lamar Hutcheson
Mayor
Attest:
/s/ Elizabeth Her Clerk
City Clerk
State of Georgia
County of Clayton
Personally appeared before the undersigned a notary public
within and for said county and state, William L. Wadkins Pub-
lisher of Clayton News Daily, the official legal organ for the
county of Clayton for the publication of official or legal adver-
GEORGIA LAWS 1983 SESSION
4957
tisements 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 of a true copy of
which is hereto annexed, was published in said newspaper in its
issue of the following dates: 12/15/81; 12/22/81, 12/29/81 Wil-
liam L. Wadkins, Publisher. Acknowledgement of the publisher
must be made before a notary public or other official authorized
to administer oaths.
Sworn to and subscribe before me this date 2/2/82.
/s/ Brenda M. Morgan
Notary Public Georgia State at Large
My Commission Expires June 28, 1982
Seal
Notice of Proposed Amendment to the Charter of the City of
Riverdale
(Ga. Laws 1956, p. 2205, Act No. 53, Approved February 13,
1956)
Notice is hereby given that an Ordinance has been introduced
to amend the Charter of the City of Riverdale (Ga. Laws 1956,
p. 2205, Act No. 53, Approved February 13, 1956) so as to repeal
conflicting laws; to bring the qualifications of candidates for
Mayor and councilmen of the City of Riverdale into conform-
ance with State law; and for other purposes.
A copy of the proposed amendment is on file in the office of
the Clerk of the Council of the City of Riverdale, Georgia, and in
the office of the Clerk of the Superior Court of Clayton County,
Georgia, for purposes of examination and inspection of the
public.
This 15th day of Decebmer, 1981.
Elizabeth Iler
City Clerk
City of Riverdale
Filed in the Office of the Secretary of State February 15, 1982.
4958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ROCKMARTQUALIFICATIONS OF
RECORDER
An Ordinance to Amend Section 6.02 of the Charter of the
City of Rockmart, Georgia
Whereas, the Mayor and Council of the City of Rockmart,
Georgia, believe it to be in the best interest of the City, its prop-
erty owners and citizens that Section 6.02 entitled Recorder of
the Charter of the City of Rockmart, Georgia, be amended and
modified so as to allow persons who are neither a qualified voter
nor a resident of the city to be qualified and eligible to serve as
recorder of the Citys Recorders Court, thereby providing the
Mayor and Council with a larger class of persons from whom
they can select a competent Recorder; and
Whereas, municipal charters may be amended by ordinances
duly adopted at two regular consecutive meetings of the munici-
pal governing authority not less than seven (7) days nor more
than sixty (60) days apart, pursuant to the provisions of Ga.
Code Ann. 69-1017; and
Whereas, upon the first reading of this ordinance by the
Mayor and Council of the City of Rockmart, Georgia, held on
February 9, 1982, the same was unanimously approved and
adopted; and
Whereas, pursuant to the provisions of Ga Code Ann. 69-
1017, as amended, the public was notified of the proposed char-
ter amendment, a copy of said notice being attached hereto as
Exhibit A, and made by reference a part hereof; and
Whereas, this ordinance coming on for final hearing this date
as allowed by law, and it appearing that said ordinance, notice
and publication and publishers affidavit are in order; and
Whereas, it appears that the above-described amendment to
the Charter of the City of Rockmart, Georgia would be in the
best interest of the City, its property owners and citizens.
GEORGIA LAWS 1983 SESSION
4959
Now, therefore, be it resolved and ordained by the Mayor and
Council of the City of Rockmart, Georgia, as follows:
1.
That the Charter of the City of Rockmart, Georgia be, and the
same is hereby amended, by striking paragraph (a) of Section
6.02 entitled Recorder, as codified, and by inserting in lieu
thereof the following:
Section 6.02. Recorder.
(a) No person shall be qualified or eligible to serve as Re-
corder unless he or she shall have attained the age of 30 years,
shall be a qualified voter in Polk County, and shall have resided
therein at least five (5) years immediately preceding his or her
appointment. The Recorder shall be appointed preceding his or
her appointment. The Recorder shall be appointed by the
Mayor and Council and shall serve at the discretion of the
Mayor and Council. The compensation of the Recorder shall be
fixed by the Mayor and Council.
2.
Except as herein modified, the provisions contained in Section
6.02 and Article VI of the Charter of the City of Rockmart,
Georgia, as heretofore amended, shall remain in full force and
effect as to all particulars contained herein.
3.
The effective date of this Ordinance shall be March 9, 1982.
4.
If any section or provision or parts thereof, in this Ordinance
shall be adjudged invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the Ordinance
as a whole or of any other section or provision or part hereof or
the validity of the Charter of the City of Rockmart, Georgia as a
whole or of any other section or provision or part thereof.
4960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
5.
The provisions of this Ordinance shall be included and incor-
porated in the Code of Ordinances of the City of Rockmart,
Georgia, as an addition or amendment thereto and shall be ap-
propriately renumbered to conform to the uniform numbering
system of the Code.
Adopted, this 9th day of March, 1982.
/s/ George H. Scott
Mayor, City of Rockmart,
Georgia
Attest: /s/ Ronald S. Morgan
City Manager/City Clerk
Certification
This is to certify that the within and foregoing is a true and
correct copy of the original instruments executed on the date
shown, as it purports to be.
This 17th day of March, 1982.
/s/ C. Stephen Malone,
Attorney for The City of
Rockmart, Georgia
Georgia, Polk County.
Before the undersigned officer comes JAMES AUBREY
THAXTON who, on oath, states that he is Publisher of THE
ROCKMART JOURNAL, and that there has been deposited
with said newspaper the cost of publishing therein once a week
for three consecutive weeks a notice, a copy of which is attached
hereto as Exhibit A.
/s/ James Aubrey Thaxton
GEORGIA LAWS 1983 SESSION
4961
Sworn to and subscribed before me this 8 day of March, 1982.
/s/ Jean Mullinax
Notary Public
Notice of Proposed Amendment to Charter of the City of
Rockmart
Notice is hereby given that an Ordinance has been introduced
to amend paragraph (a) a Section 6.02 entitled Recorder, as
codified, of the Charter of the City of Rockmart, Georgia, by
striking the same in its entirety and by inserting in lieu thereof
the following:
Section 6.02. Recorder
(a) No person shall be qualified or eligible to serve as Re-
corder unless he or she shall have attained the age of 30 years,
shall be a qualified voter in Polk County, and shall have resided
therein at least five (5) years immediately preceding his or her
appointment. The Recorder shall be appointed by the Mayor
and Council and shall serve at the discretion of the Mayor and
Council. The compensation of the Recorder shall be fixed by the
Mayor and Council.
A copy of the proposed amendment to the Charter of the City
of Rockmart, amending Section 6.02 thereof is on file in the Of-
fice of the City Clerk of the City of Rockmart 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 9th day of February, 1982.
/s/ George H. Scott
George H. Scott, Mayor
City of Rockmart, Georgia
Filed in the Office of the Secretary of State March 22, 1982.
4962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ROCKMART+rWARDS AND WARD RESIDENCY
REQUIREMENTS
An Ordinance amending the Charter of the City of Rockmart,
Georgia, codified as Article V, entitled Elections and Registra-
tion of Voters.
Whereas, Municipal Charters of municipal corporations in
Georgia may be amended by Ordinances duly adopted at two
regular consecutive meetings of the municipal governing author-
ity not less than seven days nor more than sixty days apart, pur-
suant to the provisions of Ga. Code Ann. 69-1017, as amended;
and
Whereas, the governing authority of a municipal corporation
in Georgia is authorized to reapportion the election districts
from which members of the municipal governing authority are
elected following publication of the 1980 United States decen-
nial census or any future such census pursuant to the provisions
of Ga. Code Ann. 69-1019.1, by Ordinance amending the mu-
nicipalitys Charter pursuant to paragraph (1) of subsection (b)
of Ga. Code Ann. 69-1017; and
Whereas, the governing authority of a municipal corporation
in Georgia is authorized to select and fix the polling place within
the City by Ordinance pursuant to the provisions of Ga. Code
Ann. 34A-604; and
Whereas, upon the first reading of this Ordinance by the
Mayor and Council of the City of Rockmart, Georgia, held on
June 8, 1982, the same was approved and adopted; and
Whereas, pursuant to the provisions of Ga. Code Ann. 69-
1017, as amended, and Ga. Code Ann. 34A-604, the public was
notified of the proposed Ordinance, copies of said notices being
attached hereto as Exhibit 1 and Exhibit 2, and made by
reference a part hereof; and
Whereas, with this Ordinance coming on for final hearing this
date as allowed by law, and it appearing that said Ordinance,
notice of publication and publishers affidavit are in order; and
GEORGIA LAWS 1983 SESSION
4963
Whereas, it appears that the results of the enactment of said
Ordinance would be in the best interest of the City of Rockmart,
Georgia, and its inhabitants.
Now, therefore, be it resolved and ordained by the Mayor and
Council of the City or Rockmart, Georgia, and it is hereby re-
solved and ordained as follows:
The Charter of the City of Rockmart, Georgia, together with
amendments thereto, codified as Article V, entitled Elections
and Registration of Voters of the Code of Ordinances of the
City of Rockmart, Georgia, is hereby amended and modified in
the following particulars:
Item 1. Section 5.02 entitled Wards, Ward Residency Re-
quirements shall be amended and modified by striking both the
title and provisions contained therein in their entirety and by
inserting in lieu thereof the following:
Section 5.02. Wards, Ward Residency Requirements.
(a) All councilmen shall be elected one (1) from each of the
five (5) wards hereinafter defined. Each councilman shall be a
resident of the ward for which he/she is elected to represent and
shall be elected by the voters within his/her ward. The Mayor
shall be a resident of the City and shall be elected by the voters
of the entire City.
(b) The City of Rockmart, Georgia shall be divided into five
(5) wards to be numbered from one (1) to five (5), all as more
particularly shown and depicted on the 1980 census map of the
City of Rockmart, Georgia, on file in the Office of the City Clerk
of Rockmart, Georgia, including more specifically within each
ward, the following census blocks of the respectively designated
census tracts:
(1). Ward One
Census tract number 9906:
Those parts of census blocks 106 and 115 located within the
City of Rockmart, Georgia;
4964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Census blocks 116, 118 through 123, 125 through 129, 131
through 138 and 143 through 148;
That part of census block 199 lying within the city limits of
Rockmart, Georgia;
Census blocks 204 and 206 through 209;
That part of census block 248 lying within the city limits of
Rockmart, Georgia.
Census tract number 9907:
Census blocks 119 through 121, 138 through 142, 211 and
237.
(2) . Ward Two
Census tract number 9907:
Census blocks 206 through 210, 212 through 217, 230 through
236, 238 through 241, 244 through 250, 301, 307 through 311,
319 through 321, 323 and 325; Those parts of census blocks
322, 324, 326 and 327 located within the city limits of Rock-
mart, Georgia.
(3) . Ward Three
Census tract number 9906:
Census blocks 139 through 142;
That part of census block 150 lying within the city limits of
Rockmart, Georgia;
Census block 201;
That part of census block 203 lying within the city limits of
Rockmart, Georgia;
Census blocks 205, 210 through 234, 239;
That part of census blocks 250 and 299 lying within the city
limits of Rockmart, Georgia.
Census tract number 9907:
GEORGIA LAWS 1983 SESSION
4965
Census blocks 302 through 306, 350, 351, 352 and 354.
(4) . Ward Four
Census tract number 9907:
Census blocks 114 through 118, 122 through 126, 134 through
137, 143 through 148, 204, 205 and 218;
Those parts of census blocks 219, 220 and 227 lying within
the city limits of Rockmart, Georgia;
Census blocks 229, 242 and 243;
That part of census block 104 lying within the city limits of
Rockmart, Georgia;
That part of census block 105 lying west of First Avenue and
within the city limits of Rockmart, Georgia.
(5) . Ward Five
Census tract number 9907:
That part of census block 103 lying within the city limits of
Rockmart, Georgia;
That part of census block 105 lying east of First Avenue and
within the city limits of Rockmart, Georgia;
Census blocks 106 and 107;
That part of census block 110 lying within the city limits of
Rockmart, Georgia;
Census blocks 127 through 133, 149, 150 and 201 through
203.
Item 2. Section 5.08 entitled Place of Elections shall be
amended and modified by striking both the title and provisions
contained therein in their entirety and by inserting in lieu
thereof the following:
Section 5.08. Polling Place.
The polling place within the City of Rockmart, Georgia shall
be the Rockmart Civic Center.
4966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Item 3. Effective Date.
(a) The effective date of this Ordinance shall be July 13,
1982; provided, however, that the provisions contained herein
shall not be implemented until the same have been approved by
the Attorney General of the United States, Civil Rights Division,
Department of Justice, pursuant to Section 5 of the Voting
Rights Act of 1965.
(b) As of the implementation of this Ordinance, and in de-
fining the previous procedure for staggered terms for election of
officials as established in Section 2.03 of the Charter of the City
as codified, councilmen for Wards One (1), Three (3) and Four
(4) shall be elected to serve two year terms in even numbered
years, and councilmen for Wards Two (2) and Five (5) and the
Mayor shall be elected to serve two year terms in odd numbered
years. The present duly qualified and elected officials shall con-
tinue to serve for the remaining unexpired portion of the term of
office for which elected.
Item 4. Repeal. All provisions of the Charter of the City of
Rockmart, Georgia and all Ordinances or parts of Ordinances in-
consistent with the terms of this Ordinance are hereby repealed.
Item 5. Incorporation into the Code of Ordinances of the
City of Rockmart, Georgia. Upon final approval of this Ordi-
nance by the Attorney General of the United States, Civil Rights
Division, Department of Justice, pursuant to Section 5 of the
Voting Rights Act of 1965, the provisions of this Ordinance shall
be included and incorporated in the Code of Ordinances of the
City of Rockmart, Georgia, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to
the uniform numbering system of the Code.
Item 6. Filing with Secretary of State and Clerk of Superior
Court. Upon approval by the Attorney General of the United
States, Civil Rights Division, Department of Justice, pursuant to
Section 5 of the Voting Rights Act of 1965, a copy of this Ordi-
nance along with a copy of the required Notice of Publication
and Publishers Affidavit, shall be filed with the Secretary of
State of Georgia and the Office of the Clerk of the Superior
Court of Polk County, Georgia.
GEORGIA LAWS 1983 SESSION
4967
Adopted as to first reading this 8th day of June, 1982.
/s/ George H. Scott, Mayor
City of Rockmart, Georgia
Attest:
/s/ Ronald S. Morgan
City Clerk/City Mnager
Adopted as to final reading this 13th day of July, 1982.
/s/ George H. Scott, Mayor
City of Rockmart, Georgia
Attest:
/s/ Ronald S. Morgan
City Clerk/City Manager
C. Stephen Malone, Esq.
Rockmart City Attorney
3003 East Brookhaven Circle
Dalton, Georgia 30720
Dear Mr. Malone:
This is in reference to the May 11, 1982, annexation and Ordi-
nance No. 1982-9, providing for the redistricting of the wards, a
polling place change and the renumbering of the wards for the
City of Rockmart in Polk County, Georgia, submitted to the At-
torney General pursuant to Section 5 of the Voting Rights Act of
1965, as amended, 42 U.S.C. 1973c. Your submission was re-
ceived on August 2, 1982. Although we noted your request for
expedited consideration, we have been unable to respond until
this time.
The Attorney General does not interpose any objections to the
changes in question. However, we feel a responsibility to point
out that Section 5 of the Voting Rights Act expressly provides
that the failure of the Attorney General to object does not bar
any subsequent judicial action to enjoin the enforcement of such
4968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
changes. See the Procedures for the Administration of Section 5
(28 C.F.R. 51.48).
Sincerely,
Wm. Bradford Reynolds
Assistant Attorney General
Civil Rights Division
/s/ By: Paul F. Hancock
Gerald W. Jones
Chief, Voting Section
Georgia, Polk County.
Before the undersigned officer comes JAMES AUBREY
THAXTON who, on oath, states that he is the Publisher of
THE ROCKMART JOURNAL, and that there has been depos-
ited with said newspaper the cost of publishing therein once a
week for three consecutive weeks a notice, a copy of which is
attached hereto as Exhibit 1.
/s/ James Aubrey Thaxton
Sworn to and subscribed before me this 2 day of July, 1982.
/s/ Debra Whitener
Notary Public
316
Notice of Proposed Amendment to Charter of the City of
Rockmart
Notice is hereby given that an Ordinance has been introduced
to amend Section 5.02 entitled Wards, Ward Residency Re-
quirements and Section 5.08 entitled Place of Elections of
Article V entitled Elections and Registrations of Voters, as
codified, of the Charter of the City of Rockmart, Georgia, by
striking the same in their entirety and by inserting in lieu
thereof the following:
GEORGIA LAWS 1983 SESSION
4969
Section 5.02. WARDS, WARD RESIDENCY REQUIRE-
MENTS
(a) All councilmen shall be elected one (1) from each of the
five (5) wards hereinafter defined. Each councilman shall be a
resident for which he is elected to represent and shall be elected
by the voters within his/her ward. The Mayor shall be a resident
of the City and shall be elected by the voters of the entire City.
(b) The City of Rockmart, Georgia shall be divided into five
(5) wards to be numbered from one (1) to five (5) all as more
particularly shown and depicted on the 1980 census map of the
City of Rockmart, Georgia, on file in the Office of the City Clerk
of Rockmart, Georgia, including more specifically within each
ward, the following census blocks of the respectively designated
census tracts:
(1) . WARD ONE
Census tract number 9906: Those parts of census blocks 106
and 115 located within the City of Rockmart, Georgia, Census
blocks 116, 118 through 123, 125 through 129, 131 through 138
and 143 through 148; That part of census block 199 lying within
the city limits of Rockmart, Georgia; Census blocks 204 and 206
through 209; That part of census block 248 lying within the city
limits of Rockmart, Georgia
EXHIBIT 1
Census tract number 9907: Census blocks 119 through 121,
138 through 142, 211 and 237.
(2) . WARD TWO
Census tract number 9907:
Census blocks 206 through 210, 212 through 217, 230 through
236, 238 through 241, 244 through 250, 301, 307 through 311, 319
through 321, 323 and 325; Those parts of census blocks 322, 324,
326 and 327 located within the city limits of Rockmart, Georgia.
4970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) . WARD THREE
Census tract number 9906 Census blocks 139 through 142;
That part of census block 150 lying within the city limits of
Rockmart, Georgia. Census block 201; That part of census block
203 lying within the city limits of Rockmart, Georgia; Census
block 205, 210 through 234, 239; That part of census blocks 250
and 299 lying within the city limits of Rockmart, Georgia. Cen-
sus tract number 990 Census blocks 302 through 306, 350, 351,
352 and 354.
(4) . WARD FOUR
Census tract number 9907; Census blocks 114 through 118,
122 through 126, 134 through 137, 143 through 148, 204, 205 and
218; Those parts census blocks 219, 220 and 227 lying within the
city limits of Rockmart, Georgia; Census blocks 229, 242 and
243; That part of census block ???? lying within the city limits
of Rockmart, Georgia; That part of census block 105 lying west
of First Avenue and within the city limits of Rockmart, Georgia.
(5) . WARD FIVE
Census tract number 9907: That part of census block 103 lying
within city limits of Rockmart, Georgia; That part of census
block 105 lying east of First Avenue and within the city limits of
Rockmart, Georgia; Census block 106 and 107; That part of cen-
sus block 110 lying within the city limits of Rockmart, Georgia,
census blocks ??? through 133, 149, 150 and through 203.
Section 5.08. Polling Place. Polling Place within the City of
Rockmart, Georgia shall be the Rockmart Civic Center. A copy
of the proposed amendment to the Charter of the City of Rock-
mart amending sections 5.02 and 5.08 of article V thereof is on
file in the office of the City Clerk of the City of Rockmart, 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 8th day of June, 1982
GEORGE H. SCOTT, Mayor
City of Rockmart, Georgia
GEORGIA LAWS 1983 SESSION
4971
June 16, 23 and 30
Notice of Proposed Amendment to Charter of the City of
Rockmart
Notice is hereby given that an Ordinance has been introduced
to amend Section 5.02 entitled Wards, Ward Residency Re-
quirements and Section 5.08 entitled Place of Elections of
Article V entitled Elections and Registrations of Voters, as
codified, of the Charter of the City of Rockmart, Georgia, by
striking the same in their entirety and by inserting in lieu
thereof the following:
Section 5.02. Wards, Ward Residency Requirements.
(a) All councilmen shall be elected one (1) from each of the
five (5) wards hereinafter defined. Each councilman shall be
a resident for which he is elected to represent and shall be
elected by the voters within his/her ward. The Mayor shall
be a resident of the City and shall be elected by the voters of
the entire City.
(b) The City of Rockmart, Georgia shall be divided into five
(5) wards to be numbered from one (1) to five (5), all as more
particularly shown and depicted on the 1980 census map of
the City of Rockmart, Georgia, on file in the Office of the
City Clerk of Rockmart, Georgia, including more specifically
within each ward, the following census blocks of the respec-
tively designated census tracts:
(1). Ward One
Census tract number 9906:
Those parts of census blocks 106 and 115 located within
the City of Rockmart, Georgia;
Census blocks 116, 118 through 123, 125 through 129,
131 through 138 and 143 through 148;
That part of census block 199 lying within the city lim-
its of Rockmart, Georgia;
Census blocks 204 and 206 through 209;
That part of census block 248 lying within the city lim-
its of Rockmart, Georgia.
4972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Census tract number 9907:
Census blocks 119 through 121, 138 through 142, 211
and 237.
(2) . Ward Two
Census tract number 9907:
Census blocks 206 through 210, 212 through 217, 230
through 236, 238 through 241, 244 through 250, 301, 307
through 311, 319 through 321, 323 and 325;
Those parts of census blocks 322, 324, 326 and 327 lo-
cated within the city limits of Rockmart, Georgia.
(3) . Ward Three
Census tract number 9906:
Census blocks 139 through 142;
That part of census block 150 lying within the city lim-
its of Rockmart, Georgia;
Census block 201;
That part of census block 203 lying within the city lim-
its of Rockmart, Georgia;
Census blocks 205, 210 through 234, 239;
That part of census blocks 250 and 299 lying within the
city limits of Rockmart, Georgia.
Census tract number 9907:
Census blocks 302 through 306, 350, 351, 352 and 354.
(4) . Ward Four
Census tract number 9907:
Census blocks 114 through 118, 122 through 126, 134
through 137, 143 through 148, 204, 205 and 218;
Those parts of census blocks 219, 220 and 227 lying
within the city limits of Rockmart, Georgia;
Census blocks 229, 242 and 243;
That part of census block 104 lying within the city lim-
its of Rockmart, Georgia;
That part of census block 105 lying west of First Avenue
and within the city limits of Rockmart, Georgia.
(5). Ward Five
GEORGIA LAWS 1983 SESSION
4973
Census tract number 9907:
That part of census block 103 lying within the city lim-
its of Rockmart, Georgia;
That part of census block 105 lying east of First Avenue
and within the city limits of Rockmart, Georgia;
Census blocks 106 and 107;
That part of census block 110 lying within the city lim-
its of Rockmart, Georgia;
Census blocks 127 through 133, 149, 150 and 201
through 203.
Section 5.08. Polling Place.
The polling place within the City of Rockmart, Georgia shall
be the Rockmart Civic Center.
A copy of the proposed amendment to the Charter of the City
of Rockmart, amending Sections 5.02 and 5.08 of Article V
thereof is on file in the Office of the City Clerk of the City of
Rockmart, and in the Office of the Clerk of the Superior Court
of Polk County, Georgia, for purposes of examination and in-
spection by the public.
This 8th day of June, 1982.
/s/ George H Scott, Mayor
City of Rockmart, Georgia
TO BE POSTED: City Hall, Rockmart, Georgia; Office of the
Clerk of Superior Court of Polk County, Georgia; Rockmart
Civic Center, Rockmart, Georgia; Polk County Annex Building,
Rockmart, Georgia; The Rockmart Public Library, Rockmart,
Georgia.
Georgia, Polk County.
Before the undersigned officer comes RONALD S. MORGAN
who, on oath, states that he is the City Manager/City Clerk of
the City of Rockmart, Georgia, and that there has been posted
in a conspicuous place, in City Hall, Rockmart Georgia; Office of
the Clerk of Superior Court of Polk County, Cedartown Georgia;
Rockmart Civic Center, Rockmart, Georgia; and Polk County
4974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Annex Building, Rockmart, Georgia, a notice, a copy of which is
attached hereto, from June 9 through July 13, 1982.
/s/ Ronald S. Morgan
City Manager/City Clerk
Sworn to and subscribed before me this 13th day of July,
1982.
/s/ C. Stephen Malone
Notary Public
My Commission Expires June 2, 1984
Filed in the Office of the Secretary of State October 18, 1982.
CITY OF ROSSVILLECOMPENSATION OF ELECTED
COUNCILMEN
Resolution No. 232
A Resolution by the Mayor and Council of the City of
Rossville, Georgia, to Set Compensation for Elected Members
of the Council to be Effective January 1, 1985.
The Council of the City of Rossville, Georgia, hereby resolves:
That the compensation for elected members of the Council,
effective January 1, 1985, and thereafter, shall be One Hundred
($100.00) Dollars per month.
Passed this 14th Day of December, 1981.
/s/ C. B. Sherrill
Mayor
/s/ Roy F. Hoskins
Councilman
GEORGIA LAWS 1983 SESSION
4975
/s/ James E. McDaniel
Councilman
/s/ Bernice S. Phillips
Actg. City Clerk,
/s/ Sandford E. Leake
Councilman
/s/ Robert E. Dintsch
Councilman
I certify this is a true and correct copy.
/s/ Bernice S. Phillips
Actg. City Clerk
Feb. 15, 1982
Affidavit of Publisher
Georgia, Walker County.
The undersigned, being first duly sworn, states, on oath:
(1) That he is now and was at all times referred to in this
Affidavit the Publisher of the Walker County Messenger, the le-
gal organ in Walker County, Georgia and in the City of Ross-
ville, Georgia;
(2) That the Notice attached hereto is a true copy and was
published in the above-named newspaper once per week for
three (3) consecutive weeks immediately preceding the week of
December 14, 1981, such publication dates being as follows: No-
vember 25, 1981; December 2, 1981; and December 9, 1981, and
that such publication was made in accordance with the law in
such cases made and provided;
(3) This Affidavit is made in accordance with the provisions
of Ga. Code Ann. 69-1019 and 69-1020.
/s/ Buddy Murchison, Publisher
Walker County Messenger
4976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me
this 5th day of February, 1982.
/s/ Debbie Shipp
Notary Public
My Commission Expires: 4/13/82
(Seal)
Notice
The public is hereby notified that the Mayor and Council of
the City of Rossville, Georgia will, at the next meeting of the
Council on December 14, 1981 at the Rossville City Hall, con-
sider or reconsider the raising of salaries of City Councilmen to
$100 per month on or after January 1, 1983.
John W. Davis, Jr.
Assistant City Attorney
Filed in the Office of the Secretary of State February 19,1982.
CITY OF SAVANNAHPENSION PLAN AMENDMENTS
An Ordinance to amend the Charter of the City of Savannah
by amending the Pension Plan adopted and approved June 8,
1972, as amended to provide for a delayed retirement date for
the Police Chief and the Fire Chief of the City; to provide for
the termination of eligibility for survivor benefit payments; to
repeal all ordinances in conflict herewith and for other purposes.
Be it Ordained by the Mayor and Alderman 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 amended, as follows:
GEORGIA LAWS 1983 SESSION
4977
Section 1: By adding to Article VII Section C-2 a new
Section:
(a) Delayed Retirement Date
On and after January 1, 1982, the Police Chief and Fire Chief
of the City may remain in the active employ of the City beyond
the normal retirement age of sixty (60), but not beyond the age
of seventy (70), at the discretion of the City Manager. Credited
service shall continue to accrue beyond age sixty (60) provided
that total accrued Credited Service shall not exceed forty (40)
years.
Section 2: By striking therefrom Paragraph (b) of Article
VIIA 4. Survivors Benefit and inserting in lieu thereof Para-
graph 4. (b) as follows:
(b) The survivor of a Participant who dies as a result of an
accident or illness incurred in the performance of his duties as
an employee shall receive a monthly benefit equal to the benefit
which the Participant would have received had he retired on an
Occupational Disability Pension on the day preceding his death.
Similarly, the survivor of a former Participant who was receiving
Occupational Disability benefits at the time of his death shall
receive a monthly benefit equal to the monthly Occupational
Disability benefit said deceased former Participant was receiving
as an Occupational Disability Pension.
Said monthly survivor benefit shall commence with the first
day of the month following the death of the Participant and
shall cease with the last monthly payment immediately preced-
ing the earlier of:
(a) the remarriage of the surviving spouse;
(b) in the event of the death of the surviving spouse, said
monthly survivor benefit shall continue until the death, mar-
riage, or the attainment of age 18 of the last surviving minor
child, whichever shall first occur; or
(c) in the event the Participant is survived by only a minor
child or children, then said monthly survivor benefit shall con-
4978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tinue until the death, marriage, or the attainment of age 18 of
the last surviving minor child, whichever shall first occur;
provided, however, a minimum of sixty (60) payments shall be
made to the beneficiary in accordance with Article VII A 2.
Section 3: By striking therefrom Paragraph (b) of Article VII
B 4. Survivors Benefit and inserting in lieu thereof Paragraph 4.
(b) as follows:
(b) The survivor of a Participant who dies as a result of an
accident or illness incurred in the performance of his duties as
an employee shall receive a monthly benefit equal to the benefit
which the Participant would have received had he retired on an
Occupational Disability Pension or the day preceding his death.
Similarly, the survivor of a former Participant who was receiving
Occupational Disability benefits at the time of his death shall
receive a monthly benefit equal to the monthly Occupational
Disability benefit said decedent former Participant was receiving
as an Occupational Disability Pension.
Said monthly survivor benefit shall commence with the first
day of the month following the death of the Participant and
shall cease with the last monthly payment immediately preced-
ing the earlier of:
(a) the remarriage of the surviving spouse;
(b) in the event of the death of the surviving spouse, said
monthly survivor benefit shall continue until the death, mar-
riage, or the attainment of age 18 of the last surviving minor
child, whichever shall first occur; or
(c) in the event the Participant is survived by only a minor
child or children, then said monthly survivor benefit shall con-
tinue until the death, marriage, or the attainment of age 18 of
the last surviving minor child, whichever shall first occur;
provided, however, a minimum of sixty (60) payments will be
made to the beneficiary in accordance with Article VII A 2.
Section 4: All laws in conflict herewith are hereby repealed.
GEORGIA LAWS 1983 SESSION
4979
Adopted and approved January 7, 1982.
/s/ John P. Rousakis, Mayor
Attest:
/s/ Sophie S. Gottlieb
Clerk of Council
I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Al-
dermen of the City of Savannah, Georgia, do hereby certify this
to be a true and exact copy of an ordinance adopted and ap-
proved by the Mayor and Aldermen in meeting assembled Janu-
ary 7, 1982, Signed and Sealed January 14, 1982.
/s/ Sophie S. Gottlieb
Clerk of Council
(Seal)
State of Georgia
Chatham County
Personally appeared before me Victoria Gregory to me known,
who being by me sworn, deposes and says:
That she is the Front Counter Clerk of Southeastern Newspa-
pers Corporation, a Georgia corporation, doing business in Chat-
ham County, Georgia, under the trade name of Savannah Morn-
ing News/Savannah Evening Press;
That said corporation is the publisher of the Savannah Morn-
ing News/Savannah Evening Press, a daily newspaper published
in said county;
That she is authorized to make affidavits of publication on be-
half 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
Morning News/Savannah Evening Press published on December
4980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
17, 1981, December 24, 1981, December 31, 1981, and finds that
the following advertisement, to-wit:
Legal 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 retirement to age 70 for
general employees; for delayed retirement for the Police Chief
and Fire Chief and the termination of eligibility for survivor
benefit payments.
The Amendment will be considered at the meeting of Council
December 22, 1981, at 2:00 p.m. in Council Chambers at City
Hall and further considered for final adoption at the next regu-
lar meeting on January 7, 1982.
A copy of the proposed Ordinance is on file in the Office of the
Clerk of Council and the office of the Clerk of the Superior
Court of Chatham County, Georgia, for the purpose of examina-
tion and inspection by the public.
This 11 day of December, 1981.
Sophie S. Gottlieb
Clerk of Council
Appeared in each of said editions.
/s/ Victoria Gregory
(Deponent)
Sworn to and subscribed before me this 14 day of January,
1982.
/s/ Elizabeth A. Borg
Notary Public, Chatham County, Georgia
My Commission Expires April 7, 1985.
Filed in the Office of the Secretary of State January 22, 1982.
4981
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 7, 1983
Joe Frank Harris
Governor
Honorable Zell Miller
Lieutenant Governor of Georgia
President of the Senate
State Capitol
Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 91, 147 and 225 which were passed
by the General Assembly of Georgia at the 1983 Regular Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires that I transmit such bills to you, together with a list of
reasons for such vetoes. The bills and corresponding reasons for
their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
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 Max Cleland, Secretary of State
4982
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 7, 1983
Joe Frank Harris
Governor
Honorable Thomas B. Murphy
Speaker, House of Representatives
State Capitol
Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 92, 332, 479, and 707 which were
passed by the General Assembly of Georgia at the 1983 Regular
Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires that I transmit such bills to you, together with a list of
reasons for such vetoes. The bills and corresponding reasons for
their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
Enclosures
cc: Honorable Zell Miller, Leiutenant 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 Max Cleland, Secretary of State
4983
Veto No. 1H. B. 479 by Representatives Lawson, Wood and
Jackson of the 9th
House Bill 479 is a charter for the City of Lula, Georgia. This
is a local bill and due to technical defects in the legislation, the
local delegation has requested that I veto the bill. For this rea-
son, I am vetoing House Bill 479.
Veto No. 2H. B. 707 by Representative Groover of the 99th
House Bill 707 is an attempt to address a problem legislatively
which simply cannot be addressed by action of the General As-
sembly, absent ratification by the people of this state. The Su-
preme Court of Georgia has ruled that the assertion of interests
adverse to the state by state lawyer-legislators is violative of the
fiduciary duty imposed by the people of this state. This fiduci-
ary duty arises out of our state constitution which mandates
that public officers are the trustees and servants of the people.
No statutory enactment can modify the terms of this constitu-
tional provision. This requires a constitutional amendment. For
this reason, House Bill 707 is patently unconstitutional and I
must veto it.
Veto No. 3H. B. 332 by Representatives Hasty of the 8th;
Representative Darden of the 20th; and Repre-
sentative Snow of the 1st
House Bill 332 amends the law establishing, by population
bracketed categories, the minimum salary for clerks of the Supe-
rior Court in each county. It would raise the minimum salary for
such clerks in counties which fell within one particular popula-
tion bracket. Subsequent to the passage of H. B. 332, Senate Bill
182 passed which raised the minimum salary for clerks of the
Superior Court in all population brackets. After speaking with
the authors of H. B. 332, I have concluded that S. B. 182 is the
preferable vehicle to address the problem which H. B. 332 was
intended to address. For this reason, I am vetoing H. B. 332.
4984
Veto No. 4S. B. 225 by Senator Engram of the 34th
Senate Bill 225 provides for the release of patients records by
health service providers at the request of the patient. This bill
was passed in the House by floor substitute with a floor amend-
ment. The author of this bill objected to the House floor amend-
ment. The House receded from its position with respect to the
entire bill, thus leaving the bill in the form it passed the Senate.
As a result, critical provisions which were part of the House
Committee amendment were left out of the bill. For this reason,
the author has requested that I veto this bill.
Veto No. 5S. B. 91 by Senator Littlefield of the 6th
Senate Bill 91, in addition to containing certain procedural
and technical defects, represents a concept which I cannot coun-
tenance and the public will not tolerate in this day in time.
Procedurally, this bill is constitutionally defective by virtue of
being in violation of Article III, Section VII, Paragraph IV of the
Georgia Constitution which provides that, No law shall pass
which refers to more than one subject matter, or contains matter
different from what is expressed in the title thereof. Nowhere
in the title to this bill is there language which states that a re-
tiree may return to work full-time for compensation with the
University System without having his or her retirement benefits
reduced or affected. The title, as did the original bill, refers to
public officers and employees being authorized to teach evening
sports and recreation courses within the University System
under certain conditions. From no phrase or word in the title
could the General Assembly glean that, by passage of this bill,
they would be authorizing double dipping by state retirees.
Technically, this bill is in conflict with House Bill 606 which I
recently signed into law. House Bill 606 totally revamps the code
with respect to conflict of interests laws. The author of Senate
Bill 91 had the foresight to have his original bill incorporated
into House Bill 606 at the proper place. If signed into law, Sen-
ate Bill 91 would amend the definitional section of our new con-
flict of interests law and would make absolutely no sense due to
cross-references to a subsection which no longer exists.
4985
Conceptually, I have serious problems with the floor amend-
ment that was attached to Senate Bill 91 in the wanning days of
the session. The floor amendment authorizes any retiree of the
state to return to work as a teacher or instructor with the Uni-
versity System, full-time for full compensation, without affecting
such persons retirement benefits. The floor amendment is, pure
and simple, a retirement bill. It was not introduced during the
first ten days of the session. It was not reviewed by either the
Senate or House Retirement Committees. It had no fiscal note
attached. In short, it did not traverse the ordinary legislative
process retirement bills are required to go through.
Retired former employees of the state can presently return to
the service of the state. As a general rule, however, retirement
benefits are either suspended during such service or compensa-
tion for such service is reduced so that the retirement benefits
plus the compensation received do not exceed the earnable com-
pensation the retiree was receiving at his or her retirement. This
is fair.
I recently sponsored and signed into law a bill which amended
the Teachers Retirement System to authorize retired teachers
to return to the schools as part-time teachers aides or as substi-
tute teachers. This bill was reviewed by the House and Senate
Retirement Committees, had a fiscal note attached and passed
both houses. This will allow our school systems to draw on the
wisdom and experience of retired teachers for minimal compen-
sation while allowing the retired teacher to continue receiving
retirement benefits. This is fair.
To permit the type of broad scale double dipping that
would be authorized by Senate Bill 91, in my opinion, is not fair.
Furthermore, the public will not stand for it. It is this type of
sweetheart legislation that erodes public confidence in govern-
ment and makes the jobs of dedicated public servants harder.
For these reasons, I must veto Senate Bill 91.
Veto No. 6H. B. 92 by Representative Colbert of the 23rd
House Bill 92 is an attempt to expand the scope of the crime
of interference with government property to include the use of
government property for an indecent purpose. The bill also pro-
4986
vides that government property includes state property, county
property, municipal property, local school district property or
the property of any other political subdivision of this state. In-
advertently, property belonging to the various authorities of the
state and local governments was not included. Much of the
states property is deeded in the name of the Georgia Building
Authority and other authorities of the state. Due to this error, I
must veto House Bill 92.
Veto No. 7S. B. 147 by Senator Walker of the 19th; Senator
Cobb of the 28th; Senator English of the 21st
and others
Senate Bill 147 requires state and local governmental agencies
to give purchase and contract preference to domestic steel prod-
ucts in public works projects of more than $50,000.00, if the
purchase price of the domestic steel is not more than 10 percent
above the purchase price of nondomestic steel products. This
bill would also allow the Governor to suspend the operation of
the law if the preference proved to have a detrimental effect on
the economy of this state.
I am not unmindful of the problems facing our ailing domestic
steel industry and am not unsympathetic with their plight. This
nation is currently facing some hard economic times. These hard
economic times have probably exacerbated the problems of the
domestic steel industry. Many states have established the type
of product preferences represented by S. B. 147. In the long run,
I believe that these types of policies which create artificial mar-
kets will prove detrimental, not only to the economies of the
states that have enacted them, but to the domestic steel indus-
try itself.
As Governor, I have committed myself to creating jobs for
Georgians. This task involves attracting foreign industries and
encouraging foreign trade and investment in Georgia. If S. B.
147 were signed into law, it would create a protectionist image
for Georgia internationally and invite retaliatory policies by the
nations we disfavor. This would seriously impede our efforts to
bring new industry to this state and would mean fewer new jobs
for Georgians.
4987
I think that wisdom dictates that I veto S. B. 147. Our na-
tional economy can ill afford to have the individual states,
marching to the tunes of their own drummers, establishing inter-
national trade and importing policies. We would be well advised
to allow our national government to establish these policies,
based on what is best for the nation as a whole.
4988
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 8, 1983
Joe Frank Harris
Governor
Honorable Zell Miller
Lieutenant Governor of Georgia
President of the Senate
State Capitol
Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 110, 165, 212 and 277 which were
passed by the General Assembly of Georgia at the 1983 Regular
Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires that I transmit such bills to you, together with a list of
reasons for such vetoes. The bills and corresponding reasons for
their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
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 Max Cleland, Secretary of State
4989
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 8, 1983
Joe Frank Harris
Governor
Honorable Speaker Murphy
Speaker, House of Representatives
President of the Senate
State Capitol
Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 103 which were passed by the Gen-
eral Assembly of Georgia at the 1983 Regular Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires that I transmit such bills to you, together with a list of
reasons for such vetoes. The bills and corresponding reasons for
their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
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 Max Cleland, Secretary of State
4990
Veto No. 8S. B. 165 by Senator Kidd of the 25th
Senate Bill 165 contains many provisions finetuning and up-
dating our elections code with respect to voter registration and
absentee voting. In addition to these provisions, Section 22 of
the bill authorizes public utility corporations to establish and
administer a political action committee in order to receive and
solicit contributions to be used for the purpose of influencing the
outcome of elections for public office. In this same section, there
is a prohibition against a public utility corporation making any
contribution to a political campaign. Thus, this bill would allow
a public utility corporation to do indirectly, by political action
committee, that which it cannot do directly. For the following
reasons, I must veto Senate Bill 165.
Unlike private corporations, public utility corporations enjoy a
protected status in Georgia. In return for the State granting
public utility corporations monopolistic powers, the public util-
ity corporations agree to be regulated by the State. It is the re-
sponsibility of the State to insure that the power granted to reg-
ulated public monopolies not be abused.
The relationship between the regulator and the regulated is a
complex one. The legislative process is the arena in which this
relationship is defined. By its very nature, the legislative process
is a political one. By influencing the political process, the legisla-
tive process is necessarily influenced. I have a fundamental
problem with allowing a public utility corporation to inject itself
into the political process, directly or indirectly. I can think of no
greater potential for abuse than to allow the regulated to hold
sway over those who shape the regulatory environment. Even
the appearance of impropriety should not be allowed to taint
those upon whom quasi-public authority has been conferred.
I have no problem with any individual employee, officer or di-
rector employed by any public utility corporation making any
type of contribution on his or her own behalf to any political
campaign. This is their individual right to express their opinion
on matters of concern.
4991
Veto No. 9S. B. 110 by Senator Brown of the 47th; Senator
Kidd of the 25th and Senator Hill of the 29th
Senate Bill 110 amends the Legislative Retirement System so
as to increase the retirement benefits, upon retirement, of mem-
bers of that System. Presently, benefits upon retirement are cal-
culated by multiplying the number of years of creditable service
by sixteen dollars. Senate Bill 110 would increase that multiplier
to twenty dollars.
I do not oppose reasonable increases in the Legislative Retire-
ment System, or any other retirement system, when funds are
available and when all systems are treated with relative same-
ness. I can think of no issue which has captured as much media
and public attention during the first two months of my adminis-
tration as the retirement benefits of public officials. I do not in-
tend to foster or promote the growing public perception that
public officials are using the State Retirement System to feather
their own nests. This perception is not conducive to public confi-
dence in their public officials and their government, and it sim-
ply cannot be perpetuated.
Under the present economic conditions, where increases are
unable to be granted for other state retirement systems, I be-
lieve it would be improper to single out this sytem for an in-
crease at this time. For this reason I must veto Senate Bill 110.
Veto No. 10S. B. 277 by Senator Gillis of the 20th; Senator
Kennedy of the 4th and Senator Walker of the
19th
Senate Bill 277 requires state and local governmental agencies
to give purchase and contract preference to Georgia manufac-
tured lumber products in public works projects of more than
$50,000.00. Unlike Senate Bill 147, such preference is not re-
quired if the purchase price of Georgia manufactured lumber
products is higher than the purchase price of other domestic or
foreign made lumber products. Like Senate Bill 147, however,
Senate Bill 277 is in response to these difficult economic times in
attempting to create an artificial market for Georgia manufac-
tured lumber products.
4992
Presently, Georgia law expresses a preference, as far as may be
reasonable and practical, for the purchase of materials, supplies
and equipment which have been manufactured or produced in
this state. This preference has been in existence since 1933. To
legislatively reiterate this preference and, in addition, impose
substantial administrative burdens regarding the determination
of product origin on our state and local governmental agencies,
at this time is not appropriate. For this reason, I must veto Sen-
ate Bill 277.
Veto No. 11S. B. 212 by Senator Garner of the 30th and
Senator Barnes of the 33rd
Senate Bill 212 repeals that Code Section in the law which
defines naturopathy. This Code Section was left over from a
1950 Act of the General Assembly which created the Board of
Naturopathic Examiners. The provisions of the 1950 Act creat-
ing the Board were repealed in 1956; however, the aforestated
Code Section was left in the law in order to define naturopathy
for those persons who had been licensed by the Board prior to
1956.
In 1981, the Attorney General ruled that this Code Section
did not allow persons to practice naturopathic medicine in the
State of Georgia unless they had been previously licensed by the
original Board. This ruling is presently the subject of litigation.
It was obviously the intent of the 1983 General Assembly to
abolish the last vestige of the 1950 Act. Although I do not en-
dorse or condemn naturopathy, I feel that it is premature to
abolish this Code Section which is now in litigation. I think it
only fair, to leave the legal issues, now in litigation, exactly as
they were when the appeal was perfected from the district court
ruling. For this reason, I must veto Senate Bill 212.
In taking this action, I am not in any way trying to take the
side or justify the position that this Code Section allows unli-
censed individuals to practice medicine or naturopathy in this
state. I simply feel that in all fairness, we should allow the judi-
cial process to run its course.
4993
Veto No. 12H. B. 103 by Representative Padgett of the 86th
and Representative Groover of the 99th
Houe Bill 103 amends the law relative to the reporting of child
abuse so as to make it a misdemeanor for the news media to
make public the name of any child who is reported to have been
abused. Under present law, when it is discovered that a child
under the age of 18 has been abused, it is the responsibility of
the person who discovers such fact to report it to a child welfare
agency, or in the absence of such agency, to an appropriate po-
lice authority or district attorney.
The United States Supreme Court has ruled that the state
cannot restrict access to public records by the press. Reports
made to child welfare agencies reporting child abuse are made
confidential by law, thus such reports containing the names of
children reported to be abused are not in the public domain and
are properly excludable from public consumption. However,
once the child abuse case has been turned over to the District
Attorney for prosecution and the name of the child is contained
in the indictment or other public record, the name of that child
is in the public domain and the press cannot constitutionally be
threatened with criminal sanctions for publishing it.
I am in complete agreement with the intent of the author of
this bill. It is important that we protect the youthful victims of
crime and abuse to the greatest extent legally possible and that
we not further traumatize these child-victims. I am aware, how-
ever, that there are certain constitutional limitations imposed on
the state when attempting to limit access to public records by
the press.
Thus while the intent of this bill is admirable, the effect, I
fear, is constitutionally impermissible. For this reason, I must
veto House Bill 103.
4994
COUNTIES AND SUPERIOR COURT CIRCUITS
4995
APPELLATE COURTS
SUPREME COURT OF GEORGIA
As of January 17, 1983
HAROLD N. HILL, JR................................................Chief Justice
THOMAS O. MARSHALL............................................Presiding Justice
HAROLD G. CLARKE..............................................Associate Justice
GEORGE T. SMITH ..............................................Associate Justice
HARDY GREGORY, JR............................................ Associate Justice
CHARLES L. WELTNER............................................Associate Justice
RICHARD BELL..................................................Associate Justice
JOLINE BATEMAN WILLIAMS..........................................Clerk
HAZEL E. HALFORD......................................... Deputy Clerk
GUY M. MASSEY.................................................Reporter
W. SCOTT HENWOOD.....................................Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of January 17, 1983
ARNOLD SHULMAN..............................................Chief Judge
BRASWELL D. DEEN, JR....................................Presiding Judge
WILLIAM LeROY McMURRAY, JR..............................Presiding Judge
J. KELLEY QUII.LIAN.....................................Presiding Judge
HAROLD R. BANKK.............................................Judge
ANDREW 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
4996
SUPERIOR COURTS
JUDGES, DISTRICT ATTORNEYS AND CALENDAR
As of January 17, 1983
ALAPAHA CIRCUIT.
HONS. W.D. KNIGHT, Chief Judge, Berrien County Courthouse
BROOKS E. BLITCH, Judge, Clinch County Courthouse
LEW S. BARROW, D.A., Berrien 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
LanierSecond 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 PHILLIPS McKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD,
JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W.
DANIEL, ISAAC JENRETTE, CLARENCE COOPER, PHILIP F. ETHER-
IDGE, 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 EMORY FINDLEY, Judge, Tattnall County Courthouse
DAVID L. CAVENDER, Judge, Liberty County Courthouse
DUPONT KIRK 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 October
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
4997
AUGUSTA CIRCUIT.
HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County Courthouse
FRANKLIN H. PIERCE, ALBERT McELVEEN PICKETT, BERNARD J. MUL-
HERIN, 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
RichmondjgThird Monday in January, March, May, July, September and
November
BLUE RIDGE CIRCUIT.
HONS. RICHARD NEVILLE, 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. BLENN 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, RUFE E. McCOMBS,
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
TaylorSecond Monday in February, June and October
4998
CHEROKEE CIRCUIT.
HONS. JERE F. WHITE, Chief Judge, Bartow County Gourthouse
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. JOE C. CRUMBLEY, Chief Judge, Clayton County Courthouse
WILLIAM H. BILL ISON, STEPHEN E. BOSWELL, 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 L. WHITE, GRANT BRANTLEY, DOROTHY A. ROBINSON, HAR-
RIS HINES, Judges, Cobb County Courthouse
TOM CHARRON, D.A., Cobb County Courthouse
CobbSecond Monday in January, March, May, July, September and November
CONASAUGA CIRCUIT.
HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse
CHARLES A. PANNELL, JR., Judge, Murray County Courthouse
WILLIAM T. BOYETT, Judge, Whitfield 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; third and fourth Monday in 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 Mon-
day 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 Mon-
day following; first and second Monday in December.
4999
COWETA CIRCUIT.
HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse
DEWEY SMITH, Judge, Carroll County Courthouse
WILLIAM LEE, Judge, Coweta 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
DOUGLAS CIRCUIT.
HONS. ROBERT J. NOLAND, Chief Judge, Post 1, Douglas County Courthouse
ROBERT J. BOB JAMES, Judge, Post 2, Douglas County Courthouse
FRANK C. WINN, D.A., Douglas County Courthouse
DouglasThird Monday in January and April, third Monday in July and October
DUBLIN CIRCUIT.
HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse
DUBIGNION (DUB) 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
5000
FLINT CIRCUIT.
HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse
WILLIAM H. (HAL) CRAIG, 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 sec-
ond Monday in August
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, K. DAWSON JACKSON, Judges, Gwin-
nett 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
THERON 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
ChattoogaFirst Monday in February and August
DadeFirst Monday in April, second Monday in October
WalkerFirst Monday in May and November
5001
MACON CIRCUIT.
HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse
WALKER P. JOHNSON, JR., THOMAS DAY WILCOX, JR., Judges, Bibb
County Courthouse
BRYANT CULPEPPER, Judge, Peach County Courthouse
WILLIS B. SPARKS, III, 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
MIDDLE CIRCUIT.
HONS. WALTER C. McMILLAN, JR., Chief Judge, Washington County Courthouse
MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse
RICHARD A. MALONE, 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, Presiding Judge, Habersham County Courthouse
ROBERT B. STRUBLE, Judge, Stephens 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. R. (DICK) KENYON, Chief Judge, Hall County Courthouse
JAMES E. PALMOUR, III, Judge, Hall County Courthouse
BRUCE UDOLF, 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
5002
NORTHERN CIRCUIT.
HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse
GEORGE H. BRYANT, Judge, Hart County Courthouse
LINDSAY A. TISE, JR., D.A., Hart County Courthouse
ElbertThird Monday in January and fourth Monday in July
HartThird Monday in February and August
FranklinThird Monday in March and September
MadisonThird Monday in April and October
OglethorpeThird Monday in May and November
OCMULGEE CIRCUIT.
HONS. JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse
HUGH P. THOMPSON, Judge, Putnam County Courthouse
WILLIAM A. PRIOR, JR., Judge, 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, 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. WM. 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
5003
PATAULA CIRCUIT.
HONS. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse
LOWREY S. 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
PIEDMONT CIRCUIT.
HONS. JAMES L. JIM BROOKS, Judge, Jackson County Courthouse
TIMOTHY GRANT, D.A., Madison, Barrow 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
ROCKDALE CIRCUIT.
HONS. CLARENCE VAUGHN, Judge, Rockdale County Courthouse
ROBERT F. MUNFORD, D.A., Rockdale County Courthouse
RockdaleFirst Monday in January, April, July and October
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
FloydSecond Monday in January, March, July and September; first Monday in
May and November
SOUTH GEORGIA CIRCUIT.
HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse
WILLARD H. CHASON, Judge, Grady County Courthouse
J. BROWN MOSELEY, D.A., Decatur County Courthouse
BakerThird Monday in January and July
CalhounLast Monday in May and November
Decatur^First 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
5004
SOUTHERN CIRCUIT.
HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse
W. G. (GUS) ELLIOTT, Judge, Lowndes County Courthouse
ROY MILLER 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
SOUTHWESTERN CIRCUIT.
HONS. WILLIAM F. BLANKS, Presiding Judge, Sumter County Courthouse
THAD 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; Monday following the
fourth Thursday in November
WebsterFourth Monday in January and July
STONE MOUNTAIN CIRCUIT.
HONS. CLARENCE LEE PEELER, JR., Chief Judge, DeKalb County Courthouse
CURTIS V. TILLMAN, CLYDE HENLEY, KEEGAN FEDERAL, HILTON
FULLER, JAMES H. WEEKS, DAN COURSEY, Judges, DeKalb County
Courthouse
BOB WILSON, D.A., DeKalb County Courthouse
DeKalbFirst Monday in January, March, May, July, September and November
TALLAPOOSA CIRCUIT.
HONS. DAN P. WINN, Chief Judge, Polk County Courthouse
ARTHUR W. FUDGER, Judge, Paulding County Courthouse
W. A. (BILL) FOSTER, III, D.A., Paulding County Courthouse
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
5005
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
TOOMBS CIRCUIT.
HONS. ROBERT L. STEVENS, Chief Judge, McDuffie County Courthouse
E. PURNELL DAVIS, 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. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse
CLARENCE D. BLOUNT, JOSEPH B. NEWTON, Judges, Ware County
Courthouse
DONNIE DIXON, D.A., Ware County Courthouse
BaconFourth Monday in May and November
BrantleyFirst Monday in February; first Tuesday in September
CharltonFourth Monday in February and September
CoffeeThird Monday in March and October
PierceFirst Monday in May; second Monday in December
WareSecond Monday in April and November
WESTERN CIRCUIT.
HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse
JOSEPH J. GAINES, Judge, Clarke County Courthouse
HARRY N. GORDON, D.A., Clarke County Courthouse
ClarkeSecond Monday in January, April, July and October
OconeeSecond Monday in March and September
5006
INDEX
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
Vacancy Declared in Office When Elected Official Qualifies for Different Office ... 972
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Revision Amendment Generally............................................ 3
Code Section 1-3-11; enacted................................................. 685
Code Title 2, Chapter 9; amended............................................ 831
Code Title 3, Chapters 3 and 4; amended...................................... 806
Code Title 3, Chapter 5; amended............................................ 1214
Code Title 3, Chapter 6; amended............................................ 1116
Code Section 3-8-1; amended ................................................. 759
Code Title 4, Chapter 6; amended............................................ 1161
Code Section 5-5-42; amended................................................. 702
Code Section 6-3-21; amended................................................. 647
Code Title 7, Chapter 1; amended........................................ 602, 661
Code Section 7-1-4; amended ................................................. 493
Code Section 7-1-37; amended ................................................ 532
Code Section 7-3-9; amended ................................................. 479
Code Title 7, Chapter 4; amended............................................ 1146
Code Section 7-4-21; enacted................................................ 1316
Code Section 8-2-135; amended ............................................... 456
Code Title 8, Chapter- 3; amended........................................... 1228
Code Section 9-10-91; amended .............................................. 1304
Code Title 10, Chapter 1; amended........................................... 1470
Code Section 10-1-7; amended ............................................... 1430
Code Section 10-1-310; amended ............................................. 1468
Code Section 10-1-393; amended ............................................. 1298
Code Section 10-1-395; amended....... ....................................... 743
Code Title 10, Chapter 1, Article 22; enacted............................... 1548
Code Title 10, Chapter 4; amended............................................ 946
Code Section 10-5-3; amended................................................. 781
Code Section 11-3-603; amended............................................... 509
Code Title 12, Chapter 3; amended............................................ 623
Code Section 12-3-73; amended ............................................... 460
Code Section 12-3-235; amended ......................................... 643, 1213
Code Section 12-4-20; amended ............................................... 514
Code Title 12, Chapter 5; amended........................................... 1059
Code Section 12-5-134; amended .............................................. 478
Code Section 13-10-20; amended .............................................. 475
Code Title 14, Chapters 2 and 3; amended.................................... 1479
Code Section 14-2-141; amended ............................................. 1299
Code Section 14-4-21; amended ............................................... 506
Code Title 15, Chapter 1; amended............................................ 961
Code Title 15, Chapter 2; amended............................................ 956
Code Section 15-5-40; enacted................................................ 531
Code Title 15, Chapter 6; amended............................................ 761
Code Section 15-6-3; amended .......................................405, 415, 418
Code Section 15-6-50; amended .............................................. 1306
INDEX 5007
Code Section 15-6-77; amended ..................................................... 1210
Code Section 15-6-86; amended ........................................ .......... 653
Code Section 15-6-88; amended ................................................... 578
Code Section 15-6-88.1; enacted.................................................. 581
Code Title 15, Chapter 7; amended........................................... . 1419
Code Title 15, Chapter 9; amended........................ .................. 482, 544
Code Section 15-9-60; amended .................................................. 404, 867
Code Section 15-11-16; amended.................................................. 829
Code Section 15-11-35; amended............................................... 539
Code Section 15-11-49; amended ................................................ 1000
Code Section 15-18-14; amended ............................................... 622
Code Sections 15-21-70 through 15-21-77; enacted............................ 1094
Code Section 16-6-5.1; enacted................................................... 721
Code Section 16-8-14; amended ...................... ............................ 457
Code Title 16, Chapter 9; amended................................................ 485
Code Section 16-9-20; amended................................. ............. 484, 1189
Code Section 16-9-58; enacted.................................................. 485
Code Section 16-10-6; amended................................................. 1326
Code Section 16-10-52; amended.................................................... 645
Code Section 16-11-105; amended................................................... 448
Code Section 16-11-107; enacted................................................. 528
Code Section 16-11-129; amended................................................ 1431
Code Section 16-11-131; amended................................................... 945
Code Title 16, Chapter 12; amended.......................................... 1437
Code Title 16, Chapter 13; amended............................................. 349
Code Section 16-13-31; amended........................... ....................... 620
Code Section 16-13-49; amended.............................................. .... 469
Code Title 17, Chapter 6; amended........................ ..................... 452, 1203
Code Section 17-6-1; amended............................. ....................... 358
Code Title 17, Chapter 7; amended........................ ....................... 452
Code Section 17-7-110; amended.................................................. 503
Code Section 17-8-26; amended..................................................... 675
Code Title 17, Chapter 10; amended.............................................. 665
Code Title 17, Chapter 11; amended............................................ 395
Code Title 17, Chapter 13; amended............................................ 649
Code Section 18-4-22; amended .................................................. 683
Code Section 18-4-62; amended..................................................... 454
Code Section 19-3-8; amended .................................................... 1309
Code Section 19-9-1; amended..................................................... 632
Code Title 19, Chapter 11; amended............................................. 1816
Code Title 19, Chapter 13; amended.............................................. 521
Code Title 20, Chapter 2; amended................................................ 823
Code Section 20-2-3; amended...................................................... 495
Code Section 20-2-151.1; enacted................................................. 1429
Code Section 20-2-187; amended................................................... 1218
Code Section 20-2-250; amended.................................................. 804
Code Section 20-2-285.1; enacted................................................. 745
Code Section 20-2-772; enacted................................................... 1547
Code Title 20, Chapter 3; amended........................ ............778, 951, 1820
Code Title 20, Chapter 3, Part 5; amended........................................ 496
Code Section 20-3-23; amended ................................................... 495
INDEX
5008
Code Section 20-3-31.1; enacted............................................... 496
Code Section 20-3-81; repealed............................................... 1468
Code Section 21-1-1; amended .................................................. 471
Code Title 21, Chapter 2; amended.......................................... 786, 1190
Code Section 21-2-501; amended................................................ 827
Code Title 21, Chapters 2 and 3; amended................................535, 930, 964
Code Title 21, Chapter 3; amended............................................... 786
Code Section 21-3-10; amended .................................................. 402
Code Section 21-3-406; amended ................................................. 686
Code Title 24, Chapter 1; amended............................................... 852
Code Section 24-7-9; amended ................................................... 525
Code Title 24, Chapter 9; amended............................................... 852
Code Section 25-2-16; amended.................................................. 476
Code Title 26, Chapter 2; amended............................................... 737
Code Title 26, Chapter 4; amended............................................... 1441
Code Section 26-4-72; amended................................................. 790
Code Sections 26-4-130 through 26-4-138; enacted................................ 790
Code Title 27, Chapter 2; amended............................................... 837
Code Section 27-2-4; amended.................................................. 664
Code Section 27-2-23; amended................................................. 467
Code Section 27-4-138; amended ............................................... 490
Code Section 28-1-4; amended ................................................. 936
Code Section 28-1-6; amended .................................................. 689
Code Section 28-1-6.1; enacted................................................. 681
Code Section 28-1-11;.amended ................................................. 688
Code Section 28-1-14; enacted.............................................. 646, 1205
Code Section 28-2-1; amended ................................................. 1123
Code Section 28-3-1; amended ................................................. 385
Code Section 28-3-20; amended ................................................ 494
Code Section 28-4-1; amended................................................... 722
Code Section 29-4-2; amended .................................................. 669
Code Section 29-4-4.1; enacted................................................. 692
Code Title 31, Chapters 6 and 7; amended........................................ 1566
Code Title 31, Chapter 7; amended..........................................1317, 1323
Code Title 31, Chapter 7, Article 8; enacted...............................1317, 1426
Code Section 31-7-3; amended ................................................. 783
Code Section 31-7-8; amended ................................................. 882
Code Section 31-7-11; enacted................................................. 1307
Code Title 31, Chapter 10; amended.............................................. 732
Code Section 31-11-59; amended................................................. 694
Code Title 31, Chapter 31; enacted.............................................. 941
Code Section 32-2-40; amended .................................................. 400
Code Title 32, Chapter 6; amended............................................... 1798
Code Section 32-10-67; amended................................................. 635
Code Section 33-3-25; amended ................................................ 473
Code Section 33-3-27; amended ................................................. 882
Code Section 33-6-5; amended .................................................. 699
Code Section 33-7-6; amended .................................................. 864
Code Section 33-7-11; amended ................................................. 938
Code Title 33, Chapter 8; amended.......................................... 729, 1595
Code Title 33, Chapter 9; amended............................................... 629
INDEX 5009
Code Section 33-24-50; amended ................................................... 695
Code Section 33-25-3.1; enacted................................................... 616
Code Section 33-27-1; amended .................................................... 464
Code Section 33-34-14; enacted.................................................... 726
Code Title 33, Chapter 35; amended............................................... 748
Code Section 34-7-4; amended...................................................... 659
Code Title 34, Chapter 8; amended................................................ 1153
Code Section 34-8-153; amended.................................................. 1592
Code Section 34-9-2; amended...................................................... 700
Code Section 34-9-81.1; enacted....................................................700
Code Section 34-9-265; amended ................................................... 700
Code Sections 35-3-60 through 35-3-65; enacted................................... 393
Code Title 35, Chapter 6A; amended............................................... 518
Code Section 36-6-1; amended .................................................... 1212
Code Section 36-9-5; amended..................................................... 653
Code Section 36-32-6; enacted..................................................... 825
Code Section 36-35-2; amended .................................................. 545
Code Section 36-35-6; amended................................................... 468
Code Title 36, Chapter 42; amended............................................. 1346
Code Section 36-62-5; amended.................................................... 1346
Code Section 36-62A-1; amended................................................... 1346
Code Title 36, Chapter 63; amended.............................................. 515
Code Title 36, Chapter 82; amended.............................................. 839
Code Section 36-83-3; amended..................................................... 455
Code Section 37-8-53; amended.................................................... 684
Code Title 38, Chapter 4; amended................................................ 1401
Code Section 40-1-1; amended...................................................... 633
Code Section 40-2-29.1; enacted.................................................. 1466
Code Section 40-2-42; enacted................................................. 676
Code Section 40-2-90; amended .................................................... 638
Code Title 40, Chapter 5; amended................................. 487, 745, 819, 1000
Code Section 40-5-21.1; enacted....................................................638
Code Section 40-5-103; amended.................................................... 461
Code Title 40, Chapter 6; amended................................................ 1000
Code Section 40-6-395; amended.................................................... 836
Code Section 40-8-73.1; enacted.................................................. 1300
Code Section 40-8-76; amended.................................................... 1464
Code Section 40-8-92; amended .................................................... 447
Code Section 40-8-114; amended.................................................... 633
Code Sections 40-8-280 through 40-8-291; repealed................................ 691
Code Title 40, Chapter 9; amended............................................ 487, 938
Code Section 40-12-2; amended.................................................... 1474
Code Title 40, Chapter 13; amended............................................. 1000
Code Title 42, Chapter 2; amended............................................... 507
Code Title 42, Chapters 4 and 5; amended....................................... 1340
Code Title 42, Chapter 5; amended.............................................. 1806
Code Section 42-5-35; amended..................................................... 672
Code Section 42-5-36; amended..................................................... 680
Code Title 42, Chapter 8; amended................................................ 1593
Code Section 42-8-29.1; enacted................................................... 697
Code Section 42-8-43.1; amended................................................... 421
INDEX
5010
Code Title 42, Chapter 9; amended..........
Code Section 42-9-39; amended .............
Code Section 42-10-4; amended .............
Code Section 43-1-15; amended .............
Code Title 43, Chapter 3; amended..........
Code Section 43-4-11; amended .............
Code Title 43, Chapter 5; amended..........
Code Title 43, Chapter 10; amended.........
Code Title 43, Chapter 11; amended.........
Code Title 43, Chapter 12; amended.........
Code Section 43-12-2; amended..............
Code Section 43-13-6.1; enacted............
Code Title 43, Chapter 14; re-enacted .....
Code Title 43, Chapter 26; amended.........
Code Section 43-34-27; amended ............
Code Section 43-34-33; amended ............
Code Section 43-34-37; amended ............
Code Section 43-35-7; amended .............
Code Section 43-38-11.1; enacted...........
Code Title 43, Chapter 40; amended.........
Code Section 43-41-20; amended.............
Code Title 43, Chapter 45; amended.........
Code Title 43, Chapter 47; amended.........
Code Title 43, Chapter 48; amended.........
Code Title 43, Chapter 50; amended.........
Code Section 44-1-6; amended ...........
Code Title 44, Chapter 3; amended..........
Code Title 44, Chapter 3, Article 5; enacted
Code Section 44-6-166.1; enacted...........
Code Section 44-6-167; amended.............
Code Section 44-7-54; amended .............
Code Title 44, Chapter 13; amended.........
Code Title 44, Chapter 14; amended.........
Code Section 44-14-3; amended .............
Code Section 44-14-230; amended ...........
Code Section 44-14-470; amended............
Code Title 45, Chapter 5A; enacted.........
Code Section 45-7-4; amended ..............
Code Title 45, Chapter 9; amended..........
Code Section 45-9-81; amended .............
Code Title 45, Chapter 10; amended.........
Code Section 45-10-42; enacted.............
Code Title 45, Chapter 12; amended.........
Code Section 45-12-93; amended ............
Code Section 45-13-26; amended.............
Code Section 45-16-25.1; enacted...........
Code Title 45, Chapter 19; amended.........
Code Section 45-20-2; amended .............
Code Section 46-1-1; amended ..............
Code Section 46-3-502; amended.............
Code Title 46, Chapter 5; amended..........
.......... 500
.......... 523
......... 1795
......... 1474
.......... 559
.......... 734
.......... 444
......... 1219
......... 1389
......... 1401
.......... 667
.......... 745
.......... 424
.......... 465
......... 881
.......... 720
.......... 670
....... 796
.......... 489
......... 1411
.......... 679
....... 739
.......... 550
.......... 710
......... 705
.......... 471
......... 1508
......... 1255
........ 1182
..... 1182
.......... 513
......... 1170
......... 1450
.......... 677
.......... 724
.......... 548
......... 1207
719, 1401, 1831
.......... 651
.... 1303, 1469
......... 1326
.......... 719
......... 1539
......... 1815
......... 1474
.......... 728
......... 1097
.......... 459
.......... 735
......... 1474
.......... 859
INDEX
5011
Code Title 46, Chapter 7; amended........................................... 529, 735
Code Section 46-7-13; amended .................................................... 462
Code Section 46-7-17; amended ................................................... 1474
Code Section 46-7-62; amended.................................................... 1474
Code Title 46, Chapter 8; amended................................................. 445
Code Title 46, Chapter 10; amended.............................................. 834
Code Title 47, Chapter 2; amended................................................ 1856
Code Section 47-2-1; amended .................................................... 1859
Code Section 47-2-26; amended.................................................... 637
Code Section 47-2-292; amended .................................................. 655
Code Section 47-2-296; enacted.................................................. 1809
Code Section 47-2-310; amended ................................................... 784
Code Section 47-3-1; amended .................................................... 1859
Code Section 47-3-60; amended . . ............................................... 1859
Code Section 47-3-127; amended.................................................... 949
Code Section 47-4-101; amended................................................... 1859
Code Title 47, Chapter 6; amended................................................ 1856
Code Section 47-6-70.1; enacted ............................................... 1856
Code Title 47, Chapter 7; amended................................................ 1310
Code Title 47, Chapter 12; amended............................................... 1805
Code Title 47, Chapter 14; amended................................................ 555
Code Title 47, Chapter 16; amended............................................. 1185
Code Title 47, Chapter 20; enacted............................................... 1368
Code Title 48; amended........................................................... 1834
Code Title 48, Chapter 2; amended................................................ 526
Code Section 48-4-42; amended .................................................... 822
Code Title 48, Chapter 5; amended................................ 576, 716, 1849, 1850
Code Section 48-5-7.1; enacted................................................... 1850
Code Section 48-5-149; amended.................................................... 752
Code Section 48-5-161; amended.................................................... 575
Code Section 48-5-311; amended................................................... 1158
Code Section 48-5-405; amended.................................................... 414
Code Title 48, Chapter 6; amended............................................... 1350
Code Section 48-6-4; amended...................................................... 725
Code Title 48, Chapter 7; amended................................................ 1350
Code Sections 48-8-89.1 and 48-8-89.2; enacted................................... 1461
Code Section 48-13-51; amended.................................................... 639
Code Section 49-5-10; amended............................................... 538, 539
Code Section 50-5-15; enacted..................................................... 673
Code Section 50-5-69; amended..................................................... 520
Code Section 50-5-78; amended
Code Title 50, Chapter 7; amended............................................... 504
Code Section 50-7-15; enacted..................................................... 499
Code Title 50, Chapter 10; amended.............................................. 1026
Code Title 50, Chapter 17; amended.......................................... 839, 1024
Code Section 50-20-3; amended................................................... 641
Code Section 53-3-14; amended..................................................... 511
Code Section 53-13-121; amended.................................................. 1474
Code Section 53-16-5; amended ................................................... 1474
5012
INDEX
COURTS
SUPREME COURT
Terms Divisions, Procedure, Records, Minutes, etc........................ 956
SUPERIOR COURTS
Alapaha Judicial Circuit; Terms of Court................................. 418
Appalachian Judicial Circuit; created.................................... 761
Barrow County; supplementary compensation for judge...................... 3945
Bulloch Court; compensation of deputy clerks and other personnel......... 3822
Carroll County; clerks compensation .................................... 4170
Chattahoochee County; clerk-method of compensating changed............... 4031
Clay County; clerk-method of compensating arranged....................... 4167
Clerks; minimum annual salary, determination of population in
certain counties..................................................... 581
Clerks; minimum annual salary, fixed by county population................ 578
Clerks Retirement Fund; charges for filing civil cases - benefits, etc.. 555
Clerks; training required................................................. 1306
Cobb County; salary supplement of judges................................. 4125
Cobb County; clerk and deputy clerk-compensation changed................. 4622
Cobb County; compensation of certain officials and employees ............ 4698
Douglas Judicial Circuit; judges supplement by douglas county........... 412
Filing Fees............................................................... 1210
Flint Judicial Circuit; .district attorney-investigator provided......... 407
Floyd County; clerks compensation........................................ 3896
Griffin Judicial Circuit; district attorneys, county supplements......... 386
Gwinnett County; clerks compensation..................................... 4034
Heard County; compensation of clerk....................................... 3978
Henry County; clerks compensation changed................................ 4518
Judges; salary supplements, certain counties (38,000-39,000)............. 403
Ocmulgee Judicial Circuit; terms of court................................ 415
Ocmulgee Judicial Circuit; grand juries .................................. 419
Rabun County; clerks compensation........................................ 4155
Richmond County; compensation of clerk.................................... 4173
Richmond County; compensation of district attorney....................... 4173
Richmond County; compensation of judge................................... 4173
Southern Judicial Circuit; supplement to compensation of judge........... 753
Stone Mountain Judicial Circuit; judges salary supplements.............. 775
Sumter County; clerk-minimum compensation................................. 4079
Tallapoosa Circuit-terms.................................................. 405
Toombs Circuit; Lincoln County grand jury, terms......................... 774
Walker County; clerk-maximum compensation of personnel................... 3724
Wayne County; clerks compensation ....................................... 3933
JUVENILE COURTS
Cobb County; compensation of judge........................................ 3887
PROBATE COURTS
Baldwin County; compensation of judge
4085
INDEX
5013
Brooks County; judge-method of compensating changed......................... 4266
Bulloch County; compensation of clerk....................................... 3820
Burke County; judge-manner of compensating changed.......................... 3904
Carroll County; compensation of judge....................................... 3892
Chattahoochee County; jurisdiction........................................... 3649
Clay County; judge-method of compensating changed-disposition of
fees, costs, etc...................................................... 4231
Clayton County; compensation of judge changed............................... 3626
Cobb County; clerks compensation........................................... 4122
Cobb County; judges compensation .......................................... 4127
Costs in Certain Counties (38,000-38,200) .................................. 404
Early County; manner of compensating judge, disposition of fees, etc........ 3927
Fulton County; judge-non partisan election....... .......................... 4063
Glynn County; personnel of office of judge, deputies-annual salaries........ 3825
Gwinnett County; judges compensation...................................... 4034
Haralson County; compensation of judge...................................... 3734
Hart County; compensation of judge.......................................... 3755
Heard County; judges compensation............................................ 3971
Henry County; judge-compensation changed...................................... 4518
Jefferson County; method of compensation of judge changed................... 3809
Jones County; method of compensating judge.................................. 4051
Judges; minimum salary schedule changed, code title 15, chapter 9; amended.. 482
Judges; proceedings when disqualified to act................................ 544
Judges; succession by chief deputy clerk in certain counties (550,000 or more) .... 544
Lawrence County; compensation of judge ..................................... 3781
Liberty County; method of compensating judge changed-employment of
clerk authorized-compensation............................................ 4157
Newton County; county ordinances-procedure in prosecution for violations.... 4350
Richmond County; judges compensation......................................... 4173
Schedule of Costs Changed..................................................... 867
Sumter County; judge-minimum compensation................................... 4079
Tattnall County; judge-method of compensating changed....................... 4270
Towns County; judge-mode of compensating changed, etc....................... 4620
Walker County; maximum compensation of personnel............................ 3721
STATE COURTS
Bibb County; warrant officer provided......................................... 4220
Candler County; governing authority authorized to fix salaries of
judge and solicitor...................................................... 4178
Carroll County; judge and solicitor-compensation ........................... 4346
Chattooga County; created-practice and procedure, etc.-referendum............. 4570
Cherokee County; judge and solicitor-salaries and supplements............... 4278
Clayton County; solicitor-compensation........................................ 3873
Clayton County; judge-compensation............................................ 4217
Cobb County; clerk and deputy clerk-compensation............................ 3889
Cobb County; jurisdictions, dead docket, compensation of judges and solicitor ... 4223
Decatur County; judge and solicitor-compensation-terms of court............. 4145
DeKalb County; assistant solicitors residency requirements deleted......... 3709
DeKalb County; clerks duties re docketing documents........................ 3726
DeKalb County; terms of court................................................ 4322
5014
INDEX
Dougherty County; costs, fees, procedures, court officials,
compensation of judge, etc............................................. 4238
Early County; compensation of judge and solicitor........................... 4205
Forsyth County; judge and solicitor-salaries and supplements................ 4278
Fulton County; subsidy to be paid for publishing court calendar ............ 4053
Fulton County; terms of court, etc.......................................... 4501
Gwinnett County; additional judge-election, powers, duties, etc............. 4213
Jurisdiction; qualifications and compensation of judges; uniformity......... 1419
Liberty County; compensation of judge and solicitor ........................ 3899
Richmond County; judges and solicitors compensation....................... 4173
Screven County; compensation of judge and solicitor......................... 3923
Wayne County; judge and solicitor-compensation ............................. 3931
SMALL CLAIMS COURTS
Dougherty County; court to continue as magistrates court act creating
amended ................................................................ 4234
Early County; manner of compensating judge.................................. 3925
Newton County; fee........................................................... 3750
Pickens County; established.................................................. 3524
Tenell County; costs......................................................... 3711
Thomas County; election of judge............................................ 3902
Wilcox County; established.................................................. 3984
Worth County; jurisdictional amount-tenure of judge-fees and costs ......... 3960
MAGISTRATES COURTS
Baldwin County; constitutional requirements implemented...................... 4027
Cobb County; election of magistrates-compensation............................ 4376
Dougherty County; court created.............................................. 4234
Douglas County; vacancies-how filled ........................................ 4367
Fayette County; created...................................................... 4707
Fulton County; magistrates-how appointed..................................... 4373
Hancock County; constitutional requirements implemented .................... 4006
Jones County; appointment and compensation of judge......................... 4081
Rockdale County; practice, procedure, jurisdiction, etc...................... 3651
State-wide System Created-justice courts abolished, etc..................... 884
MUNICIPAL-RECORDERS AND POLICE COURTS
Aragon, City of; city court-punishment authority............................ 3802
Authorized to try and dispose of certain criminal cases..................... 825
Cedartown, City of; authority to impose punishment.......................... 3771
Flowery Branch; mayors court-maximum fines ................................ 3693
Fort Valley; powers.......................................................... 3686
Gainesville, City of; jurisdiction........................................... 3688
Oakwood, City of; recorders court-maximum fines............................. 3691
Oconee, Town of; authority of recorders court to punish.................... 3783
Winterville, City of; police court-punishment authority..................... 3707
INDEX
5015
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Atkinson County; board of commissioners, compensation, election of
chairman, etc., referendum.............................................. 4115
Bacon County; board of commissioners, act creating amended,
commissioner districts, etc............................................ 4538
Baldwin County; board of education, members compensation................... 3878
Baldwin County; magistrates court, constitutional requirements implemented .... 4027
Baldwin County; probate judge, compensation.................................. 4085
Barrow County; board of commissioners, authority to assess and collect
license fees and taxes.................................................. 3943
Barrow County; superior court, supplementary compensation for judge......... 3945
Ben Hill County; tax commissioner, compensation ............................ 3768
Bibb County; authorized to dispose of certain property...................... 3621
Bibb County; bibb county, city of macon intergovern, mental relations
study commission authorized............................................. 4263
Bibb County; board of public education and orphanage, composition of
education districts changed, referendum................................. 4251
Bibb County; Macon-Bibb county water and sewerage authority act, amended ... 3509
Bibb County; employees pension plan, amended................................ 3967
Bibb County; state court, warrant officer provided.......................... 4220
Brooks County; probate court-method of compensating judge changed........... 4266
Brooks County; special fire protection districts authorized................. 3695
Bulloch County; board of commissioners, clerical assistants, compensation... 3731
Bulloch County; board of commissioners, compensation of chairman
and members changed..................................................... 3728
Bulloch County; clerk of superior court, compensation of deputies
and other personnel..................................................... 3822
Bulloch County; coroner, compensation........................................ 3818
Bulloch County; probate court, compensation of clerk........................ 3820
Bulloch County; sales tax revenues, allocation.............................. 3906
Bulloch County; sheriff, salaries of deputies and clerk changed.............. 4662
Bulloch County; tax commissioner, compensation of assistants ............. 3909
Burke County; commissioners, district election............................... 3804
Burke County; probate judge, manner of compensating changed................. 3904
Butts County; board of education, procedure for selecting members........... 3940
Candler County; state court, governing authority of said county
authorized to fix salaries of judge and solicitor...................... 4178
Carroll County; office of commissioner created.............................. 4656
Carroll County; probate judge, compensation.................................. 3892
Carroll County; superior court clerk, compensation.......................... 4170
Carroll County; state court, judge and solicitor, compensation.............. 4346
Catoosa County; clerk of superior court, salary, clerical help allowance.... 3790
Catoosa County; commissioner, compensation and allowances .................. 4065
Catoosa County; sheriff, fiscal year of office changed....................... 4068
Catoosa County; tax commissioner, allowances for clerical assistants........ 3794
Chatham County; board of commissioners, commissioner districts changed ..... 4529
Chatham County; board of public education for the city of savannah and
the county of Chatham, members compensation changed ................... 4153
5016
INDEX
Chatham County; city of savannah and Chatham county school
system, districts...................................................... 3759
Chatham County; city of savannah and Chatham county school system,
terms of president and board members, referendum ....................... 4039
Chattahoochee County; probate court, jurisdiction ........................... 3649
Chattahoochee County; superior court clerk, method of compensating changed. . . 4031
Chattooga County; state court created, practice, procedure, etc., referendum. 4570
Cherokee County; state court of cherokee and forsyth counties, judge
and solicitor, salaries and supplements ................................ 4278
Clay County; clerk of superior court, method of compensation changed......... 4167
Clay County; commissioner districts......................................... 3785
Clay County; probate court judge, method of compensating changed, etc........ 4231
Clay County; sheriff, maximum salary ........................................ 3894
Clay County; tax commissioner, method of compensating changed................ 4511
Clayton County; board of commissioners, meetings, etc........................ 4503
Clayton County; chairman of commissioners, compensation...................... 3628
Clayton County, commissioner districts, reapportioned ....................... 3617
Clayton County; educational funds collected by tax commissioner, disposition ... 4113
Clayton County; probate judge compensation................................... 3626
Clayton County; sheriff, clerk superior court and deputies, compensation..... 3737
Clayton County; state court judges compensation............................ 4217
Clayton County; state court solicitors compensation ........................ 3873
Clayton County; tax commissioner and deputy tax commissioner,
compensation........................................................... 3631
Cobb County; board of education, compensation of members..................... 3636
Cobb County; cobb judicial circuit, compensation of certain officials
and employees.......................................................... 4698
Cobb County; county manager, office created............................... 4283
Cobb County; education district boundaries changed........................ 4010
Cobb County; juvenile court judge, compensation........................... 3887
Cobb County; magistrates courts, election of magistrates, compensation.... 4376
Cobb County; probate court, clerks compensation ......................... 4122
Cobb County; probate court, judges compensation.......................... 4127
Cobb County; state court, clerk and deputy clerk, compensation............ 3889
Cobb County; state court, jurisdiction...................................... 4223
Cobb County; state court, compensation of judges and solicitor............ 4223
Cobb County; superior court, clerk and deputy clerk, compensation......... 4622
Cobb County; superior court, salary supplement of judges.................. 4125
Cobb County; sheriff and deputies, compensation........................... 4353
Cobb County; south cobb development authority, area enlarged.............. 4324
Cobb County; salary increases authorized to be delayed.................... 4245
Cobb County; tax commissioner and clerk, compensation..................... 3634
Colquitt County; school system, use of local sales tax revenue............... 3753
Columbia County; commissioner districts, composition changed................. 4607
Columbia County; education districts changed, referendum ................... 4411
Cook County; board of commissioners, compensation of members................. 4176
Dawson County; etowah water and sewer authority, members qualifications
and manner of electing ................................................ 3718
Decatur County; state court, judge and solicitor, compensation,
terms of court, etc.................................................... 4145
INDEX
5017
DeKalb County; board of commissioners, powers, duties, etc.
changed, referendum...................................................... 4547
DeKalb County; state court, clerks duties re docketing documents............ 3726
DeKalb County, state courc, terms .............................................. 4322
DeKalb County; state court, assistant solicitors residing requirements deleted ... 3709
DeKalb County; state-wide probation system, approval of county
becoming a part.......................................................... 3982
Dooly County; tax commissioner, compensation changed......................... 3646
Dougherty County; commission districts changed................................ 4194
Dougherty County; county supplements to certain officials.................... 3757
Dougherty County; small claims court continued as magistrates court,
jurisdiction, procedures, etc............................................ 4234
Dougherty County; state court, act creating amended.......................... 4238
Douglas County; airport authority created, membership, terms of
office, powers, duties, etc.............................................. 4578
Douglas County; magistrates court, vacancies, how filled..................... 4367
Early County; board of commissioners, terms, commissioner districts,
compensation, etc. .. ................................................... 4256
Early County; small claims court, manner of compensating judge............... 3925
Early County; state court, compensation of judge and solicitor............... 4205
Early County; probate court, manner of compensating judge,
disposition of fees...................................................... 3927
Fannin County; board of commissioners, compensation of chairman
and members.............................................................. 3938
Fannin County; coroner, compensation.......................................... 3936
Fayette County; magistrate court created...................................... 4707
Floyd County; board of commissioners, powers ................................. 3811
Floyd County; county manager, office created.................................. 4525
Floyd County; merit system, additional exemption from coverage............... 4339
Floyd County; superior court clerk, compensation.............................. 3896
Forsyth County; board of commissioners, composition changed,
districts changed........................................................ 4419
Forsyth County; board of education, election districts changed............... 4481
Forsyth County; school superintendent, appointment, referendum............... 3521
Forsyth County; state court of cherokee and forsyth counties, salaries
and supplements of judge and solicitor................................... 4278
Fulton County; authority to adopt ordinances, regulations, penalties, etc.... 4055
Fulton County; constitutional amendment creating industrial
district continued....................................................... 4077
Fulton County; county-wide library system act amended........................ 4228
Fulton County; justices of the peace, etc., offices abolished................ 4037
Fulton County; magistrates, how appointed..................................... 4373
Fulton County; probate judge, nonpartisan election .......................... 4063
Fulton County; state court, subsidy for publishing calendar.................. 4053
Fulton County; state court, terms............................................. 4501
Glynn County; board of commissioners, election districts..................... 3880
Glynn County; brunswick, glynn county charter commission act
amended, referendum...................................................... 3739
Glynn County; probate court personnel, deputies, annual salaries............. 3825
Gordon County; board of commissioners, powers, duties, etc. changed.......... 4316
Gordon County; minimum compensation for certain county officers.............. 4043
5018
INDEX
Gwinnett County; board of education, compensation and expense allowances .... 4322
Gwinnett County; board of education, election districts....................... 3573
Gwinnett County; clerk superior court, compensation........................... 4034
Gwinnett County; commissioner election districts, composition changed......... 3566
Gwinnett County; probate judge, compensation.................................. 4034
Gwinnett County; sheriff, compensation........................................ 4034
Gwinnett County; state court, additional judge, election, powers, duties, etc. 4213
Gwinnett County; tax commissioner, compensation............................... 4034
Hall County; expense allowances for commissioners............................. 3570
Hall County; school district boundaries described............................. 4553
Hancock County; magistrates court, constitutional requirements implemented . 4006
Haralson County; county commissioner, compensation............................ 3947
Haralson County; probate judge, compensation changed.......................... 3734
Hart County; probate judge, compensation...................................... 3755
Heard County; clerk superior court compensation........................... 3978
Heard County; county commissioners compensation........................... 3980
Heard County; probate judge compensation.................................. 3971
Heard County; sheriff compensation........................................ 3975
Heard County; tax commissioner compensation............................... 3973
Henry County; board of commissioners compensation ........................ 3958
Henry County; clerk superior court compensation........................... 4518
Henry County; probate judge compensation.................................. 4518
Henry County; sheriff compensation........................................ 4518
Henry County; tax commissioner compensation............................... 4518
Jasper County; treasurer, office abolished ................................ 4605
Jeff Davis County; board of commissioners, election districts changed......... 4334
Jeff Davis County; education districts, composition........................... 4130
Jefferson County; office of treasurer abolished............................... 3964
Jefferson County; probate judge, method of compensating changed............... 3809
Jefferson County; tax commissioner, salary.................................... 3503
Jones County; board of education, compensation of chairman and members........ 3714
Jones County; magistrates court, appointment and compensation of judge........ 4081
Jones County; probate judge, method of compensating .......................... 4051
Jones County; tax commissioner, office created ............................... 3830
Laurens County; probate judge, compensation................................... 3781
Laurens County; tax commissioner, compensation.............................. 3778
Liberty County; industrial authority, powers, etc............................. 4087
Liberty County; probate court, method of compensating judge,
employment of clerk authorized......................................... 4157
Liberty County; state court, compensation of judge and solicitor ............. 3899
Macon County; board of commissioners, compensation of chairman
and other members...................................................... 4048
Miller County; board of commissioners created................................. 4594
Montgomery County; board of commissioners, compensation and
expenses of members.................................................... 4149
Murray County; new board of education created, referendum..................... 3611
Newton County; homestead exemption, referendum.............................. 3814
Newton County; probate court, procedure..................................... 4350
Newton County; small claims court, fees....................................... 3750
Oconee County; board of commissioners, compensation of
chairman and members................................................... 3800
INDEX
5019
Pickens County; small claims court established................................ 3524
Rabun County; board of commissioners, compensation of
chairman and members..................................................... 3716
Rabun County; clerk superior court, compensation.............................. 4155
Richmond County; board of health continued....................................? 4702
Richmond County; compensation of certain officials changed.................... 4173
Richmond County; constitutional amendment authorizing consolidation
county and city of augusta tax assessors continued in force.............. 4094
Richmond County; exemption of certain property from ad valorem
taxes continued .......................................................... 4143
Richmond County; limitation on local taxing jurisdiction continued............ 3870
Richmond County; sheriffs merit system board created.......................... 4495
Richmond County; treasurer, office abolished.................................. 3863
Rockdale County; magistrate court, practice, procedure, jurisdiction, etc..... 3651
Screven County; state court, compensation of judge and solicitor.............. 3923
Seminole County; board of education, election of members, manager of
filling vacancies, procedures, compensation............................... 3994
Spalding County; griffin-spalding county development authority,
powers and duties defined................................................. 3834
Sumter County; clerk superior court, minimum compensation, supplement......... 4079
Sumter County; probate judge, minimum compensation, supplement................ 4079
Sumter County, sheriff, compensation........................................... 4002
Sumter County; sheriff, minimum compensation, supplement...................... 4079
Sumter County; tax commissioner, compensation.................................. 4000
Sumter County; tax commissioner, minimum compensation, supplements............ 4079
Talbot County; board of commissioners, election of members, terms
of office, etc............................................................ 4105
Tattnall County; probate court, method of compensating judge changed.......... 4270
Terrell County; small claims court, costs...................................... 3711
Thomas County; commissioners election districts................................ 3605
Thomas County; small claims court, election of judge.......................... 3902
Tift County; board of commissioners, authority to fix salary of chairman....... 3954
Tift County; board of commissioners, authority to fix salary of
tax commissioner.......................................................... 3956
Tift County; tifton-tift county charter commission act, enacted............... 3590
Towns County; georgia mountain fair authority, qualifications of
members, etc.............................................................. 3776
Towns County; project defined................................................ 3776
Towns County; sheriff, compensation, deputies authorized compensation,
county furnished and maintained automobiles............................... 4074
Towns County; probate judge, mode of compensating changed, etc................ 4620
Union County; board of education, election of members,
vacancies, etc., referendum............................................... 4514
Upson County; thomaston, upson county office building authority,
powers defined............................................................ 3951
Walker County; probate judge, maximum compensation of personnel ............... 3721
Walker County; superior court clerk, maximum compensation of personnel........ 3724
Walker County; tax commissioner, compensation of office personnel ............ 3884
Walton County; sheriffs office, benefits to personnel, etc.................... 4357
Wayne County; state court, compensation of judge and solicitor................ 3931
Wayne County; superior court, compensation of clerk............................ 3933
5020
INDEX
Wheeler County; commissioner, compensation changed............................ 4151
Wilcox County; small claims court established................................. 3984
Wilkinson County; board of commissioners, members compensation............... 3697
Wilkinson County; board of commissioners, election meetings, etc.............. 3699
Wilkinson County; board of education, election of successor board,
election districts, terms of office, etc................................. 3911
Worth County; small claims court, jurisdictional amount, tenure of
judge, fees and costs.................................................... 3960
COUNTIES AND COUNTY MATTERS BY POPULATION
9,365-9,385; boards of commissioners, ga. laws 1982, p. 4606 repealed......... 3733
25,400-25,900; airport authorities created.................................... 1118
38.000- 38,200; probate judges, court costs .................................. 404
38.000- 39,000; superior court judges, salary supplements..................... 403
150,300-155,000; county tax collectors, authority to deduct from
school tax repealed....................................................... 414
175.000- 185,000; municipal elections, costs.................................. 402
175.000- 190,000; rate of interest and penalty on delinquent taxes............ 752
550,000 or more; county commissioners, amount of compensation............... 416
550,000 or more; probate courts, vacancies in office, succession by
chief deputy clerk in certain counties................................... 544
550,000 or more; transfer of employees from county probation departments
to department of offender rehabilitation, effect on pension benefits..... 421
COUNTY MATTERSHOME RULE AMENDMENTS
Bleckley County; small claims court, judges compensation..................... 4745
Butts County; audit of county books........................................... 4749
Butts County; judges, courts of limited jurisdiction, compensation............ 4753
Chattooga County; county purchases............................................ 4757
Clarke County; purchases...................................................... 4762
Clayton County; employees retirement......................................... 4766
DeKalb County; budget submission and approval dates........................... 4774
DeKalb County; courts of limited jurisdiction, judges compensation........... 4792
DeKalb County; license review board created................................... 4797
DeKalb County; merit system act amended....................................... 4804
DeKalb County; merit system personnel code.................................... 4780
DeKalb County; pension board, investments..................................... 4787
Floyd County; courts of limited jurisdiction, compensation of judges.......... 4809
Rockdale County; courts of limited jurisdiction, compensation of judges....... 0000
MUNICIPAL CORPORATIONS
NAMED CITIES
Adairsville; new charter enacted.............................................. 3654
Adel; election districts, election of mayor and council, terms of office, etc. 4294
Aragon; city court, punishment authority...................................... 3802
Atlanta; urban enterprise zones............................................... 4097
Augusta; ad valorem tax exemptions continued in effect........................ 4108
INDEX
5021
Augusta; constitutional amendment authorizing consolidation of city
and richmond county tax assessors continued in force..................... 4094
Austell; corporate limits changed............................................. 39^9
Brooklet; city court, jurisdiction............................................ 3797
Brooklet; city ordinances, punishment for violation........................... 3797
Brunswick; brunswick-glynn county charter commission act
amended, referendum....................................................... 3739
Cairo; corporate limits extended............................................... 4191
Calhoun; new charter enacted................................................... 4710
Canton; corporate limits changed............................................... 3561
Cedar town; recorder, authority to impose punishment.......................... 3771
Colbert; charter amendments, police court, punishment authority,
homestead exemptions, referendum ......................................... 4181
Columbus, Georgia; municipal court, judges salary............................ 4443
Columbus, Georgia; ordinances, penalties for violations....................... 3773
Columbus, Georgia; tort liability redefined .................................. 4493
Commerce; administrative departments........................................... 3513
Crawford; mayor and council, terms changed.................................... 3639
Decatur; corporate limits extended ............................................ 4186
Decatur; corporate limits changed.............................................. 4544
Doe run; charter amendments.................................................... 4341
Doraville; mayor and council, terms of office, referendum..................... 3581
Dublin; city court, maximum fining and punishment authority................... 4072
East Point; east point building authority created, powers, duties, etc........ 4302
Flowery Branch; mayors court, maximum fines.................................. 3693
Forest Park; mayor and council, terms of office............................... 3623
Fort Valley; municipal court, powers.......................................... 3686
Gainesville; municipal court, jurisdiction..................................... 3688
Garden City; corporate limits extended ........................................ 3868
Griffin; griffin-spalding county development authority, powers
and duties defined........................................................ 3834
Hoboken; recorders court fines................................................ 4140
Jackson; mayor and council, vacancies in office, maximum fine, etc............ 4344
Jasper; new charter enacted.................................................... 3534
LaFayette; charter amendments................................................ 4274
Kennesaw; corporate limits changed............................................. 4565
Leary; corporate limits changed................................................ 3949
Locust Grove; provisions regarding offices dealing with city changed.......... 4208
Macon; bibb county, city of macon intergovernmental relations
study commission authorized............................................... 4263
Macon; macon-bibb county water and sewerage authority act amended............. 3509
Macon; macon-bibb county water and sewerage authority
employees pension plan amended........................................... 3967
Macon; president pro tempore of city council, manner of selecting............. 4327
Marietta; downtown development authority act amended.......................... 3563
Marietta; mayor, veto power.................................................... 4119
Milledgeville; mayor and aldermen, compensation................................ 4330
Norwood; mayor and councilmen, terms changed.................................. 4210
Oakwood; recorders court, maximum fines....................................... 3691
Oconee; recorders court, authority to punish................................. 3783
Palmetto; corporate limits extended ........................................... 4110
5022
INDEX
Palmetto; corporate limits extended.......................................... 4134
Perry; new charter........................................................... 4386
Pinehurst; mayor and council, election provisions changed................... 3684
Pineview; ad valorem tax, authority to impose, violations of
ordinances, authority to punish......................................... 4004
Pooler; aldermanic board, composition........................................ 3865
Powder Springs; downtown development authority, vacancies
in membership, etc...................................................... 4299
Reynolds; charter amendments, competitive bids............................... 3875
Reynolds; judge municipal court, qualifications ............................ 3875
Rockmart; authority of recorder to punish for violations of law and contempt . . . 4046
Rome; board of education, additional member, election of members, etc....... 3641
Rome; commission members, election, compensation............................. 4188
Rome; corporate limits changed and extended................................. 4432
Sale City; mayor and councilmen, terms and election procedures.............. 3748
Savannah; board of aldermen, manner of filling vacancies.................... 3827
Savannah; board of public education for the city of savannah and the
county of Chatham, members compensation changed....................... 4153
Savannah; city of savannah and Chatham county school system, districts....... 3759
Savannah; city of savannah and Chatham county school system, terms
of president and board members, referendum.............................. 4039
Statesboro; recorders court, maximum amount of fines authorized............. 4247
Summerville; city manager, position created................................. 4614
Taylorsville; charter amendments, referendum................................. 4161
Thomaston; board of education, method of selecting members changed ......... 3506
Thomaston; thomaston, upson county office building authority,
powers defined.......................................................... 3951
Tifton; tifton-tift county charter commission act enacted................... 3590
Tybee Island; charter amendments, referendum................................ 3586
Tyrone; councilmen, terms, election.......................................... 4704
Union Point; authority to assess fines and punishment....................... 4061
Vidalia; charter amendments.................................................. 4362
Watkinsville; new charter enacted............................................ 4625
White Plains; new charter enacted........................................... 4665
Winterville; police court, punishment authority.............................. 3707
MUNICIPALITIESHOME RULE AMENDMENTS
Albany; civic center operation............................................... 4817
Atlanta; comprehensive development plans..................................... 4819
Atlanta; executive branch, reorganization.................................... 4833
Atlanta; ombudsman, charter provisions relating to, deleted................. 4856
Atlanta; president of council, powers........................................ 4829
Atlanta; quadrennial relegation of pending legislation ..................... 4825
Bainbridge; clerk and treasurer.............................................. 4860
Boston; punishments for ordinance violations................................. 4867
Braselton; wine production, sale of alcoholic beverages .................... 4865
Chamblee; powers of mayor.................................................... 4873
Chamblee; recorders court................................................... 4876
Chamblee; sanitary tax....................................................... 4870
College Park; pension system ................................................ 4879
Cordele; ordinance adoption procedure, etc................................... 4883
INDEX
5023
Decatur; powers of recorders court, etc.................................... 4891
Doraville; fines and punishment............................................ 4901
Doraville; mayor, compensation and duties.................................. 4896
East Point; city court, powers............................................. 4928
East Point; election ward boundaries....................................... 4905
East Point; fines and imprisonment......................................... 4932
East Point; license inspector.............................................. 4913
East Point; retirement system.............................................. 4924
East Point; salaries of mayor and council.................................. 4919
Elberton; recorder, fining authority....................................... 4937
Griffin; commissioners compensation ...................................... 4941
Macon; employee disability pensions........................................ 4943
Macon; municipal court, fines and punishment authority .................... 4947
Perry; recorders court, fining authority.................................. 4950
Riverdale; mayor and councilmen, qualifications............................ 4954
Rockmart; recorder, qualifications......................................... 4958
Rockmart; wards and ward residency requirements............................ 4962
Rossville; elected councilmen, compensation................................ 4974
Savannah; pension plan amendments.......................................... 4976
RESOLUTIONS AUTHORIZING COMPENSATION
Carney, Richard B.......................................................... 4384
Gates, John J.............................................................. 4090
Refiner, Mary D............................................................ 4381
Walton, Richard............................................................ 4380
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND
EASEMENTS
Adairsville ................................................................. 966
Atlanta..................................................................... 989
Augusta City Council........................................................ 983
Baia, Mr. and Mrs. Frank J., Jr............................................. 594
Baldwin County.............................................................. 584
Bibb County Board of Commissioners ......................................... 992
Brooks County ............................................................... 967
Brunswick................................................................... 987
Certain Tract Located in Spalding County, Sale Authorized ................. 995
Certain Tracts Located in Fulton County, Lease Authorized................... 978
Clayton County Board of Education........................................... 596
David, Edgar George, Jr..................................................... 969
Hendrix, Harold M........................................................... 969
Ivey, James R., Jr.......................................................... 584
Jackson..................................................................... 588
Macon, Bibb County Water and Sewerage Authority............................. 440
P.D. Oil and Chemical Storage, Inc.......................................... 975
Resource Recovery Development Authority for the City of Savannah............ 586
Tucker, Mamie O., Estate.................................................... 969
Tucker, W.R., Heirs and Others.............................................. 969
Turner, Myrtie Vera......................................................... 969
Turner, Myrtie Vera, and Clinton W., as Executors of Estate of
5024
INDEX
Mamie O. Tucker ................................................... 969
White, Mrs. Margaret Burke.............................................. 592
MISCELLANEOUS RESOLUTIONS
Chatham County Hospital Authority Study Commission Created.............. 4378
Dent, Honorable Richard A., portrait authorized......................... 442
Department of Administrative Services Plan of Operation Ratified ....... 598
Governors Education Review Commission Created.......................... 599
Lawson, Roger H., Memorial Bridge designated............................ 974
McCutchen, Pleasant Theodore, Sr., Bridge designated.................... 4092
Mentally Retarded, Handicapped and Elderly, study committee for
tax credit for family support created.............................. 997
Safe Dams Study Commission created....................................... 582
State Board of Medical Examiners Directed to Adopt Rules Relating to
Abuse of Certain Drugs.............................................. 590
State-Wide Fire Protection Study Committee, resolution creating amended. 999
Thompson, George W., Bridge designated................................... 4091
Urging Resolution of Controversy Between City of Marietta and
Cobb County......................................................... 4382
INDEX
5025
INDEX
A
ACCOUNTANTS
Law regulating profession changed................................ 559
ADAIRSVILLE, CITY OF
Land conveyance................................................. 906
New charter enacted............................................ 3654
ADEL, CITY OF
Election districtselection of mayor and councilterms of office, etc. 4294
AD VALOREM TAXATION
Date of making returns changed................................. 1849
Foreign merchandise in transit redefined ...................... 716
Real property devoted to bona fide agricultural purposes.............. 1850
AIRPORT AUTHORITIES
Created for certain counties (25,400-25,900)................... 1118
ALAPAHA JUDICIAL CIRCUIT
Terms of court.................................................. 418
ALBANY, CITY OF-|li|
See Tabular IndexMunicipalitiesHome Rule Amendments
ALCOHOLIC BEVERAGES
Jekyll Island State Park Authority authorized to sell same............ 1213
Sale or storage on county or municipally owned or operated
airportslicenses............................................ 759
Special elections to authorize sales, etc....................... 806
ALCOHOLICS, TREATMENT
Effective date of certain articles of title 37, chapter 8 delayed..... 684
ANIMALS
Bonding of livestock dealers, brokers, packers, market operators, etc. 1161
ANNUAL SALARIES OF CERTAIN STATE OFFICIALS
Changed........................................................ 1831
ANTITERRORISM TASK FORCE
Created within Georgia Bureau of Investigation.................. 393
5026
INDEX
APPALACHIAN JUDICIAL CIRCUITga
Created........................................................ 761
APPROPRIATIONS
General appropriations act enacted............................ 1603
Supplementary.................................................. 159
Supplementary.................................................. 359
Supplementary, Department of Labor............................. 449
ARAGON, CITY OF
City courtpunishment authority............................... 3802
ARCHITECTS
Examinations for license....................................... 734
ASSISTANT DISTRICT ATTORNEYS
Credit for prior state service................................. 622
ATKINSON COUNTY
Board of commissionerscompensationelection of chairman,
etcE-referendum............................................ 4115
ATHLETIC TRAINERS
Licensing...................................................... 444
ATLANTA, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Easement....................................................... 989
Urban enterprise zones........................................ 4097
AUGUSTA, CITY OF
Ad valorem tax exemptions continued in effect.................. 4108
Consolidation of City and Richmond County tax assessors
continued in force......................................... 4094
Land conveyance................................................ 983
AUSTELL, CITY OF
Corporate limits changed....................................... 3919
B
BACON COUNTY
Board of commissionerscommissioner districts, qualification of
members, etc............................................... 4538
INDEX
5027
BAD CHECKS
Criminal issuancesupport of minorspresent consideration
further defined ............................................... 484
Penalties for issuance........................................... 485
Restitution of amount of check, costs of bringing complaint, etc....... 1189
BAIA, MR. AND MRS. FRANK J., JR.
Land conveyance................................................... 594
BAILABLE OFFENSES
Determination, procedure ........................................ 452
BAINBRIDGE, CITY OF
See Tabular Index^MunicipalitiesHome Rule Amendments
BALD MOUNTAIN WATER AND SEWER AUTHORITY ACTn r
Enacted........................................................ 4466
BALDWIN COUNTY
Board of education, compensation of members...................... 3878
Land conveyance................................................. 584
Magistrates courtconstitutional requirements implemented ....... 4027
Probate courtcompensation of judge.............................. 4085
BANKS AND BANKING
Dealing with regulated banksrestrictions removed as to employees, etc.532
Definition of bank changed...................................... 493
Taxation revised ................................................ 1350
BARROW COUNTY
Board of commissionersauthority to assess and collect
license fees and taxes....................................... 3943
Superior courtsupplementary compensation for judge.............. 3945
BEN HILL COUNTY
Tax commissionercompensation .................................. 3768
BIBB COUNTYJ||t
Authorized to dispose of certain property........................ 3621
Bibb CountyCity of Macon intergovernmental relations study
commission authorized....................................... 4263
Board of public education and orphanageeducation districts
changedreferendum ........................................ 4251
Land conveyance................................................... 992
Macon-Bibb County water and sewerage authority employees
pension plan amended.......................................... 3967
State court warrant officer provided............................. 4220
5028
INDEX
BLECKLEY COUNTY
See Tabular IndexCounty MattersHome Rule Amendments
BOARDS OF COUNTY COMMISSIONERS
Act providing for in certain counties (9365-9385) repealed. 3733
BOARD OF INDUSTRY AND TRADE
Created, composition, duties, powers, etc.................. 504
BOARD OF REGENTS
Manner of filling vacancies................................ 495
BOSTON, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
BRASELTON, TOWN OF-^
See Tabular IndexMunicipalitiesHome Rule Amendments
BROOKLET, CITY OF
City courtjurisdiction.............................................. 3797
City ordinancespunishment for violation............................. 3797
BROOKS COUNTY
Land conveyance................................................ 967
Probate courtmethod of compensating judge changed................... 4266
Special fire protection districts authorized................... 3695
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION ACT
Amendedreferendum............................................. 3739
BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY
Power to contract with Jekyll Islandstate park authority...... 4057
BRUNSWICK, CITY OF
Brunswick-Glynn County charter commission act amendedreferendum .... 3739
Easement................................................... 987
BUILDING AND LOAN ASSOCIATIONS
Taxation revised ............................................. 1350
BULLOCK COUNTY
Board of commissionersclerical assistantscompensation........ 3731
Board of commissionerscompensation of chairman & members changed ... 3728
Clerk of superior courtcompensation of deputies and other personnel. 3822
Coronercompensation........................................... 3818
Probate courtcompensation of clerk............................ 3820
INDEX
5029
Sales tax revenuesallocation.................................. 3906
Sheriffsalaries of deputies and clerk changed................. 4662
Tax commissionercompensation of assistants.................... 3909
BURKE COUNTY
Commissionersdistrict election................................ 3804
Probate judgemanner of compensating changed................... 3904
BUTTS COUNTY
See also Tabular IndexCounty MattersHome Rule Amendments
Board of educationprocedure for selecting members............. 3940
C
CAIRO, CITY OF
Corporate limits extended...................................... 4191
CALHOUN, CITY OF
New charter enacted............................................ 4710
CANCELLATION OF INDEBTEDNESS BY GRANTEE
Definition of terms............................................. 677
CANDLER COUNTY
State courtgoverning authority of said county authorized to
fix salaries of judge and solicitor ....................... 4178
CANINE HANDLERS OF DEPARTMENT OF OFFENDER REHABILITATION-S
Granted powers of police officers............................... 672
CANTON, CITY OF^|
Corporate limits changed........................................ 3561
CAPITAL FELONY EXPENSES
Reimbursement of counties....................................... 395
CARNEY, RICHARD B.
Compensation.................................................... 4384
CARROLL COUNTY
Office of commissioner created.................................. 4656
Probate judgecompensation...................................... 3892
State courtjudge and solicitorcompensation.................... 4346
Superior court clerkcompensation............................... 4170
CATOOSA COUNTY
Clerk superior courtsalaryallowance for clerical help......... 3790
5030
INDEX
Commissionercompensation and allowances....................... 4065
Sherifffiscal year of office changed ......................... 4068
Tax commissionerallowances for clerical assistants............ 3794
CEDARTOWN, CITY OF-B
Recorderauthority to impose punishment........................ 3771
CEMETERIES
Georgia cemetery act of 1983 enacted......................... 1508
CERTAIN TRACTS LOCATED IN FULTON COUNTY^B
Lease authorized................................................ 978
CHAMBLEE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
CHATHAM COUNTY
Board of commissionersdistricts changed........................ 4529
Board of public education, city-countymembers compensation ... 4153
City of Savannah and Chatham County school systemdistricts.... 3759
City of Savannah and Chatham County school systemterms of
president and board membersreferendum...................... 4039
CHATHAM COUNTY HOSPITAL AUTHORITY
Study commission created........................................ 4378
CHATTAHOOCHEE COUNTY
Superior court clerkmethod of compensating changed............ 4031
CHATTOOGA COUNTY
See also Tabular IndexCounty MattersHome Rule Amendments
State court createdpractice, procedure, etc.referendum....... 4570
CHECKS OR DRAFTS, DISHONORED
Fees authorized to be charged for same when issued on retail
installment contracts.................................... 1430
CHEROKEE COUNTY
State court of Cherokee and Forsyth Countiesjudge and
solicitorsalaries and supplements ........................ 4278
CHILDREN
Restraint devices required while transporting children
penalties for violation.................................... 1464
INDEX
5031
CHILD SUPPORT RECOVERY ACT
Amended.......................................................... 1816
CLARKE COUNTY-V
See Tabular IndexCounty MattersHome Rule Amendments
CLASS ACTIONS
Limited in interest and usury cases................. ........... 1316
CLAY COUNTY#?'
Clerk superior courtmethod of compensating changed............. 4167
Commissioner districts......................................... 3785
Sheriffmaximum salary........................................... 3894
Tax commissionermethod of compensating changed.................. 4511
CLAYTON COUNTY-H
See also Tabular IndexCounty MattersHome Rule Amendments
Board of commissionersmeetings, etc............................. 4503
Chairman of boardcompensation................................... 3628
Clerk superior court and deputiescompensation.................. 3737
Commissioner districts reapportioned............................. 3617
Educational funds collected by tax commissionerdisposition..... 4113
Land conveyance.................................................. 596
Probate judgecompensation....................................... 3626
Sheriff and deputiescompensation................................ 3737
State court judgecompensation................................... 4217
State court solicitorcompensation............................... 3873
Tax commissionercompensation.................................... 3631
CLERK OF THE HOUSE OF REPRESENTATIVES
Manner of election and term.................... ................ 494
COBB COUNTY
Board of educationmembers compensation ........................ 3636
County manageroffice created.................................... 4283
Education district boundaries.................................... 4010
Juvenile court judgecompensation................................ 3887
Magistrate courtselection of magistratescompensation........... 4376
Probate court, clerks compensation.............................. 4122
Judges.......................................................... 4127
Salary increases authorized to be delayed........................ 4245
Sheriff and deputiescompensation................................ 4353
South Cobb development authorityarea enlarged ................. 4324
State court, clerk and deputy clerkcompensation................ 3889
Jurisdictiondead docketcompensation of personnel............... 4223
Superior courtclerk and deputy clerkcompensation.............. 4622
Superior courtsalary supplement of judges....................... 4125
Tax commissioner and clerkcompensation.......................... 3634
5032
INDEX
COBB COUNTY AND CITY OF MARIETTA
Urged to resolve controversy ................................. 4382
COBB JUDICIAL CIRCUIT
Compensation of certain officials and employees............... 4698
CODE REVISION, GENERAL
Official code of Georgia annotated amended, j... ............... 3
COLBERT, CITY OF
Charter amendments; police courtpunishment authority; homestead
exemptionsreferendum..................................... 4181
COLLEGE PARK, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
COLQUITT COUNTY,
School systemuse of local sales tax revenues................. 3753
COLUMBIA COUNTY
Commissioner districts......................................... 4607
Education districtsreferendum................................. 4411
COLUMBUS, GEORGIA
Municipal courtjudges salary................................. 4443
Penalties for violations of ordinances........................ 3773
Tort liability defined ........................................ 4493
COMMERCE, CITY OF
Administrative departments..................................... 3513
COMMERCIAL FISHING
Penalties for fishing with power-drawn nets................... 490
COMMERCIAL FISHING LICENSES
Seasonalfees................................................ 467
COMMERCIAL PAPER
Liability of maker or drawer to assignee...................... 509
COMMERCIAL PRODUCING OIL WELL
Definition of commercial production........................... 514
COMMISSIONER OF AGRICULTURE
Annual salary.................................................. 1831
INDEX
5033
Authority to make rules regarding milk and milk products.... 737
COMMISSIONER OF INSURANCE
Annual salary................................... ........... 1831
COMMISSIONER OF TRANSPORTATION-^^
Term of office.............................................. 400
COMMISSIONER OF VETERANS SERVICE
Office created............................................... 1401
COMMUNITY SERVICE PROGRAMS
Participation in by probationers............................. 1593
COMPOSITE STATE BOARD OF MEDICAL EXAMINERS
Grounds to refuse or suspend licenses enlarged.............. 670
CONDITIONED AIR CONTRACTORS
Defined; regulated............................................ 424
CONFLICT OF INTEREST
Public officials and employeescertain conduct prohibited. 1326
CONGRESSIONAL REDISTRICTING PLAN, 1981
Dist. 4
DeKalb......................................................... 2E
Fulton......................................................... 2F
Dist. 5
DeKalb......................................................... 2F
Fulton......................................................... 2F
CONSOLIDATED ELECTION RETURNS
Filing with secretary of state................................ 686
CONSTITUTIONAL AMENDMENT PROPOSED
Effect of elected official qualifying for different office.... 972
CONSTITUTIONAL AMENDMENTS CONTINUED IN EFFECT
Augustaad valorem tax exemptions............................ 4108
Fulton Countycreating industrial district................... 4077
Richmond CountyAugustaconsolidation of tax assessors....... 4094
Richmond Countyexemption of certain property from ad valorem taxes. . . 4143
Richmond Countylimitation on local taxing jurisdictions.! 3870
CONSUMER ADVISORY BOARD
Terms of members ............................................. 743
5034
INDEX
CONSUMERS UTILITY COUNSEL
Practices and procedures, etc........ ................................ 834
CONTROLLED SUBSTANCES
Schedules of certain nonnarcotic substances authorized to be
excluded, etc...................................................... 349
CONVICTED FELONS
Unlawful possession of firearmsrestrictions removed in certain cases. 945
COOK COUNTY
Board of commissionerscompensation of members........................ 4176
CORDELE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
CORONERS
Bullock Countycompensation................................... 3818
Fannin County-compensation.................................... 3936
Richmond Countycompensation.................................. 4173
CORPORATIONS
Directors, number required.................................... 1299
Law relating to registration of foreign and domestic corporations
extensively amended ....................................... 1479
Registered names; filing fees, etc............................ 1479
CORRECTIONAL INDUSTRIES
Compensating inmates prohibited............................... 1795
CORRECTIONAL INSTITUTIONS
Leave privileges of inmates, limitations...................... 1806
Punishment of inmates ........................................ 1806
COSMETOLOGISTS AND ESTHETICIANS
Qualifications for licensing and registration................. 1219
COUNTY BOARDS OF EQUALIZATION
Alternate method of selecting members......................... 1158
COUNTY BOARDS OF TAX ASSESSORS AND TAX EQUALIZATION
Qualifications changed......................................... 576
COUNTY COMMISSIONERS
See Tabular IndexNamed Countiesalso Counties and County Matters by
Population
INDEX
5035
COUNTY DOCUMENTS
Storage; county document defined........................ 653
COUNTY PROBATION DEPARTMENTS
Transfer of employees to department of offender rehabilitationeffect
on pension benefitscertain counties (550,000 or more) .... 421
COUNTY SCHOOL SUPERINTENDENTS
Forsyth Countyappointment referendum.......................... 3521
COUNTY TAX COLLECTORS
Authority to deduct from school tax repealed (150,300-155,000). 414
COUNTY TAX OFFICIALS AND EMPLOYEES
Members of employees retirement system of Georgia, election in
certain cases......................................... 655
COUNTY TREASURERS
Manner of election, terms of office....................... 1212
COURTS, GENERALLY
Exercise of judicial powers by judges outside their own
courtscircumstances, procedures............................ 961
COURTS OF MUNICIPALITIES
Authorized to try and dispose of certain criminal cases ........ 825
COURTS OF RECORD
Use of letter-size paper in pleadings........................... 531
COURTS, SMALL CLAIMS
See Tabular IndexSmall Claims Courts
STATE COURTS
See Tabular IndexState Courts
CRAWFORD, CITY OF
Mayor and councilterms changed ............................. 3639
CRIME OF FLEEING A POLICE OFFICER
Punishment.................................................... 836
CRIMES
Bailable offenses ............................................ 358
5036
INDEX
CRIMES AND PUNISHMENT
Operating motor vehicle while intoxicatedpunishment......... 1000
Sexual assault defined..................................... 721
CRIMES OF THEFT
Shoplifting defined.......................................... 457
CRIMINAL BONDS AND RECOGNIZANCES
Forfeiture proceedings....................................... 1203
CRIMINAL, EXTRADITIONS
Requirements of formality of executive, etc.................. 649
CRIMINAL JUSTICE COORDINATING COUNCIL
Additional members, etc.................................... 518
CRIMINAL LAW
Escape further defined.................................... 645
CRIMINAL PROCEDURE
Bailable offenses ........................................... 452
Continuances where party or attorney in attendance on general assembly . ... 675
Copy of indictment to be furnished accused............... 503
CUSTODY OF CHILDREN
Orders for temporary custody in certain divorce proceedings.. 632
D
DAVID, EDGAR GEORGE, JR.
Land conveyance.............................................. 969
DANGEROUS DRUGS
Listed....................................................... 349
State board of pharmacy authorized to delete drugs from list. 349
DAWSON COUNTY
Etowah water and sewer authoritymembers qualifications and
manner of electing....................................... 3718
DEATH PENALTY
Persons to be notified as to date of execution............... 665
DECATUR, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Corporate limits............................................. 4186
INDEX
5037
Corporate limits.................................................. 4544
DECATUR COUNTY
State courtjudge and solicitorcompensationterms of court, etc.. 4145
DECEASED DEPOSITORS
Disposition of funds by financial institutions.................... 661
DECEASED EMPLOYEES
Payment of outstanding wages to survivors...... .................. 659
DEKALB COUNTY
See also Tabular IndexCounty MattersHome Rule Amendments
Board of commissionerspowers, duties, etc.referendum............ 4547
State courtassistant solicitors residency requirements deleted . 3709
State courtclerks duties re docketing........................... 3726
State courtterms ................................................ 4322
State-wide probation systemapproval of county becoming a part.... 3982
DELINQUENT CHILDREN
Orders for restitution in juvenile proceedings, etc............... 539
DENT, HONORABLE RICHARD A.
Portrait authorized............................................. 442
DENTISTS AND DENTAL HYGIENISTS
Practice regulated............................................. 1389
DEPARTMENT OF ADMINISTRATIVE SERVICES
Authorized to provide services to local political subdivisions.... 673
Plan of operation ratified ..................................... 598
Restrictions on attendance at seminars, lectures, etc. by
commissioners removed....................................... 546
DEPARTMENT OF HUMAN RESOURCES
Apprehension of delinquent children upon order of department, etc. 538
DEPARTMENT OF INDUSTRY AND TRADE
Incurring of expenses to secure new business, industry and
tourism authorized.......................................... 499
DEPARTMENT OF OFFENDER REHABILITATION
Confidentiality of inmatesupplied information.................. 680
Composition of board, terms of office, etc...................... 507
5038
INDEX
DEPARTMENT OF PUBLIC SAFETY
Free identification cards to certain persons ..................... 461
DEPARTMENT OF TRANSPORTATION
Maintenance and operational assistance to state tollway authority. 635
DISABLED VETERANS
Relieved from payment of business or professional license fees.... 667
DISPOSSESSORY PROCEEDINGS
Payment of rent into registry of court............................ 513
DISTRICT ATTORNEYS
Griffin judicial circuit, county supplements...................... 386
DISTRICT ATTORNEYS EMERITUS
Duties; retirement benefits................................... 1805
DOERUN, CITY OF
Charter amendments............................................ 4341
DOMESTIC RELATIONS CASES
Personal jurisdiction over nonresidents....................... 1304
DOORKEEPERS
Provided for house of representatives.......................... 385
DORAVILLE, CITY OF-H
See also Tabular IndexMunicipalitiesHome Rule Amendments
Mayor and councilterms of officereferendum.................. 3581
DOUGHERTY COUNTY
Commission districts changed.................................. 4194
County supplements to certain officials....................... 3757
Small claims court continued as magistrate courtjurisdiction,
procedures, etc........................................... 4234
State courtact creating amended.............................. 4238
DOUGLAS COUNTY
Airport authority createdmembership, terms of office,
powers, duties, etc....................................... 4578
Magistrates courtvacancies, how filled....................... 4367
DOUGLAS JUDICIAL CIRCUIT
Judges salary supplement...................................... 412
INDEX
5039
DOWNTOWN DEVELOPMENT AUTHORITIES
Copies of resolutions activating samefiling with secretary of state. 1346
DRIVERS LICENSES
Authority of department of public safety to issue duplicate licenses
and permits eliminated, etc...................................... 819
Fees for restoration of suspended licenses........................... 487
DUBLIN, CITY OF
City courtmaximum fining and punishment authority................... 4072
E
EARLY COUNTY
Board of commissionersterms, commissioner districts, compensation... 4256
Probate courtmanner of compensating judgedisposition of fees....... 3927
Small claims courtmanner of compensating judge...................... 3925
State courtcompensation of judge and solicitor...................... 4205
EAST POINT, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
East Point building authority created, powers, duties, etc........... 4302
EDUCATION-??i*^{^W!^
Alcohol and drug course ....................................... 745
EDUCATIONAL FACILITIES, CAPITAL OUTLAY FUNDS
Content of projections of average daily attendance................... 804
EDUCATIONAL FUNDS
Clayton Countyto be retained and remitted to county by
tax commissioner ......................................... 4113
ELBERTON, CITY OF9
See Tabular IndexMunicipalitiesHome Rule Amendments
ELECTED CONSTITUTIONAL OFFICERS
Procedures when temporarily disabled........................... 1207
ELECTIONS
Non-partisan election of judges, etc........................... 1190
Reimbursement of expenses to counties in certain cases, etc.......... 964
Time for qualifying with party or as independent candidate........... 535
Voter registration and eligibility to vote........................... 786
5040
INDEX
ELECTIONS, RUN-OFF
Continuation of election, etc................................. 827
ELECTION CODE
Amended....................................................... 1190
ELECTIVE OFFICES
Referendum required to abolish office or shorten term......... 685
ELECTRICAL CONTRACTORS
Defined; regulated............................................ 424
EMERGENCY MEDICAL TECHNICIANS
Services by, under certain conditions......................... 694
EMERGENCY VEHICLES
Permits....................................................... 447
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
Actuarial studies............................................. 637
Classification of members; transfer of county probation department
to state.................................................. 1809
Creditable service for certain employees...................... 784
Credits for prior servicemilitary service.................... 1856
Definition of employee...................................... 1859
EMPLOYMENT SECURITY LAW
Amended...................................................... 1153
EMPLOYMENT SECURITY LAW
Maximum weekly benefit increased.............................. 1692
ESTHETICIANS AND COSMETOLOGISTS
Qualifications for licensing and registration................. 1219
ETOWAH WATER AND SEWER AUTHORITY
Members qualifications and manner of electing................. 3718
EVIDENCE
Use of interpreters for hearing impaired persons ............. 852
EXCISE TAXATION
Rates on cigars and cigarettes................................ 1834
INDEX
5041
EXPLOITATION OF MINORS IN SEXUALLY EXPLICIT CONDUCT-?^
Prohibitedminor defined................................. 1437
EXTRAORDINARY SESSION OF GENERAL ASSEMBLY
Governors proclamation convening.............................2A
F
FAIR BUSINESS PRACTICES ACT OF 1975
Amended.................................................... 1298
FAIR EMPLOYMENT PRACTICES ACT OF 1978
Amended..................................................... 1097
FAMILY VIOLENCE SHELTERS
Licensing, etc.............................................. 521
FANNIN COUNTY
Board of commissionerscompensation of chairman and members. 3938
Coronercompensation........................................ 3936
FARM PRODUCED WINES
Sales authorized and regulated.............................. 1116
FAYETTE COUNTY
Magistrate court created................................... 4707
FINANCIAL INSTITUTIONS
Deceased depositors, disposition of funds................... 661
FINANCIAL INSTITUTIONS CODE
Amended..................................................... 602
FIREARMS
Discharge on Sunday......................................... 448
Licenses to carry; period of validity....................... 1431
FIREMEN
Definition changed with respect to indemnification of law
enforcement officers.................................... 1303
Georgia firemens pension fund fireman, volunteer fireman defined. 1310
FIRE PROTECTION DISTRICTS, SPECIAL
Brooks Countyauthorized ................................. 3695
5042
INDEX
FLINT JUDICIAL CIRCUIT
Investigator for district attorney................................ 407
FLOWERY BRANCH, CITY OF
Mayors courtmaximum fines.................................... 3693
FLOYD COUNTY
See also Tabular IndexCounty MattersHome Rule Amendments
Board of commissionerspowers.................................. 3811
County manageroffice created.................................. 4525
Merit systemadditional exemption from coverage.................... 4339
Superior court clerkcompensation.............................. 3896
FLOYD COUNTY MERIT SYSTEM ACT
Amended......................................................... 4339
FOREIGN CORPORATIONS ACTING IN A FIDUCIARY CAPACITY
Secretary of state as agent for service............................ 1474
FOREIGN TRUSTEES
Designation of agent for service of processeffect of failure, etc. 1474
FOREST PARK, CITY OF-^ ;
Mayor and councilterms of office............................... 3623
FORFEITURES OF MONEY OR OTHER PROPERTY
Disposition .................................................... 469
FORFEITURE PROCEEDINGS
Criminal bonds and recognizances................................ 1203
FORT VALLEY, CITY OF
Municipal courtpowers......................................... 3686
FORSYTH COUNTY
Board of commissionerscommissioner districts.................. 4419
Board of educationelection districts for members.............. 4481
School superintendentappointmentreferendum................... 3521
State court of Cherokee and Forsyth countiessalaries and supplements
of judge and solicitor..................................... 4278
FREE EDUCATION FOR ELDERLY IN STATE UNIVERSITIES
Providedexceptions, etc........................................... 496
FULTON COUNTY
Authority to adopt ordinances and regulationspenalties, etc....... 4055
INDEX
5043
FULTON COUNTYcontinued
Constitutional amendment creating industrial district continued.... 4077
County-wide library system act amended............................. 4228
Justice of peace and related offices abolished..................... 4037
Lease of certain tracts located in Fulton County authorized........ 978
Magistrates, how appointed ........................................ 4373
Probate judgenonpartisan election................................. 4063
State court, court calendar, subsidy for publishing....... ........ 4053
State court, terms................................................. 4501
G
GAINESVILLE, CITY OF
Municipal courtjurisdiction....................................... 3688
GARDEN CITY, CITY OF
Corporate limits extended.......................................... 3868
GARNISHMENT
When pension or retirement funds subject............................ 683
GARNISHMENT, SUMMONS
Answer............................................................. 454
GATES, JOHN J.
Compensation....................................................... 4090
GENERAL ASSEMBLY
Composition of certain state representative districts changed...... 1123
Disability of speaker of the house of representatives, procedure for
determining..................................................... 681
Doorkeepers for house of representatives provided................... 385
Engrossed and enrolled copies of bills and joint resolutions, preservation
and filing ..................................................... 688
Expense allowances of members ..................................... 1831
Extraordinary sessiongovernors proclamation convening...............2A
Legislative services committee created.............................. 722
Limitation on passage of population bills.......................... 1205
Notices of intention to introduce bills, publication................ 646
Oath of office of members........................................... 963
President pro tempore of senate; speaker pro tempore of house
powers and duties............................................... 689
Sergeant-at-arms provided for senate................................ 385
GEORGIA BUREAU OF INVESTIGATION
Antiterrorism task force............................................ 393
GEORGIA CEMETERY ACT OF 1983
Enacted
1508
5044
INDEX
GEORGIA DEVELOPMENT AUTHORITY LAW
Amended.................................................. 1026
GEORGIA FIREMENS PENSION FUND
Certain terms redefined.................................. 1310
GEORGIA HOSPICE LAW
Enacted.................................................. 1317
GEORGIA INDUSTRIAL LOAN ACT
Application for licenseshearings......................... 479
GEORGIA LEGISLATIVE RETIREMENT SYSTEM-H
Credit for prior military service........................ 1856
GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT
Enacted.................................................. 1548
GEORGIA MOUNTAIN FAIR AUTHORITY
Qualifications of members, etc.project defined.......... 3776
GEORGIA PUBLIC REVENUE CODES
Amended.................................................. 1834
GEORGIA RESIDENTIAL AUTHORITY ACT
Amended.................................................. 1228
GEORGIA SECONDARY MARKET CORPORATION ACT-H
Repealed................................................ 1228
GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT...
Amended.................................................. 1024
GEORGIA TIME-SHARE ACT
Enacted.................................................. 1255
GLYNN COUNTY
Board of commissionerselection districts................ 3880
Brunswick-Glynn County charter commission act amendedreferendum 3739
Probate court personneldeputies annual salaries..... 3825
GOOD-TIME ALLOWANCES
Persons confined for misdemeanor offenses................ 1340
INDEX
5045
GORDON COUNTY
Board of commissionerspowers, duties, etc., changed........ 4316
GORDON COUNTY-^B
Minimum compensation for certain county officers............ 4043
GOVERNOR
Oath of office.............................................. 1539
GOVERNORS EDUCATION REVIEW COMMISSION
Created...................................................... 599
GOVERNORS PROCLAMATION
Convening general assembly in extraordinary session............2A
GRAIN DEALERS
Financial statements to be submitted with license applications,
exceptions, etc........................................... 831
GRAND JURIES
Ocumulgee judicial circuitterms, etc........................ 419
GRIFFIN, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Griffin-Spalding County development authoritypowers and
duties defined .......................................... 3834
GRIFFIN JUDICIAL CIRCUITI
District attorneys county supplements ...................... 386
GROUP LIFE INSURANCE
Maximum coverage for debtors................................. 464
GWINNETT COUNTY
Board of educationcompensation and expense allowances of members .... 4322
Board of educationmember election districts................. 3573
Commissioner election districts.............................. 3566
Sheriff, superior court clerk, probate judge, tax commissioner
compensation.............................................. 4034
State court, additional judge................................ 4213
H
HANDICAPPED PERSONS
Use of crossbows in hunting wildlife permitted, etc.
664
5046
INDEX
HALL COUNTY
Expense allowances for commissioners........................... 3570
School district boundaries described........................... 4553
HANCOCK COUNTY
Magistrate courtconstitutional requirements implemented....... 4006
HARALSON COUNTY
County commissionercompensation............................... 3947
Probate judgecompensation changed............................ 3734
HART COUNTY
Probate judgecompensation..................................... 3755
HAZARDOUS SUBSTANCES
Nozzles and valves used in dispensing.......................... 476
HEALTH
Health planning agency created, composition, functions......... 1566
Health planning review board created, composition, functions... 1566
Health policy council created, composition, functions.......... 1566
Public school childrenscreening for scoliosis................. 1547
HEARD COUNTY
Probate judgecompensation..................................... 3971
Tax commissionercompensation.................................. 3973
Sheriffcompensation........................................... 3975
HENDRIX, HAROLD M.
Land conveyance................................................. 969
HENRY COUNTY
Board of commissioners, compensation........................... 3958
Clerk superior court, probate judge, sheriff, tax commissioner
compensation............................................... 4518
HERITAGE TRUST COMMISSION-^".
Life extended................................................... 460
HOBOKEN, CITY OF
Recorders court fines..................................... ... 4140
HOMESTEAD EXEMPTION
Application, filing; effect of failure to file................. 1849
Misdemeanor to solicit to file for a fee application on behalf of another .... 1849
INDEX
5047
HOSPITAL AUTHORITIES
Conflict of interest policy established for members ........... 1317
HOSPITAL LIENS
Definitionsliens for nursing home care, etc................... 548
HOSPITALS AND RELATED INSTITUTIONS
Authorized to grant staff membership to psychologists.......... 1426
Emergency relocation of patients or residents.................. 1323
Required to provide information regarding charges, etc......... 1307
HOUSE OF REPRESENTATIVES
Clerkmanner of election and term.............................. 494
Composition of certain election districts changed.............. 1123
Doorkeepers provided........................................... 385
HUNTING LICENSES
Reciprocity agreements with certain states..................... 837
HUSBAND AND WIFE
Provision regarding husband as head of household abolished .... 1309
I
ILLEGAL DRUGS
Punishment for trafficking in................................... 620
INCOME TAX WITHHOLDING
Criminal penaltiesnoncompliance with notice of delinquency.... 1834
Samefailure to comply with special accounting procedures...... 1834
Successors to businesses, liability for unpaid amounts......... 1834
INDEMNIFICATION OF LAW ENFORCEMENT OFFICERS
Firemen defined................................................ 1303
Permanent disability defined.. .............................. 651
Prison guard redefined.....,................................. 1469
INMATES OF CORRECTIONAL INSTITUTIONS
Punishment, methods permitted and prohibited. Leave privileges,
limitations................................................ 1806
INSTITUTIONAL LICENSES TO PRACTICE MEDICINE
Renewal in certain cases........................................ 720
INSURANCE
Property insurance redefined, etc............................. 864
5048
INDEX
INSURANCE COMMISSIONER
Fees and other charges................................................... 729
INSURANCE FEES AND TAXES
Life insurance companiesimposition of license fees, etc................. 1595
INSURANCE COMPANIES
Arrest bonds, sureties on certificates of trucking clubs or associations. 695
INSURANCE COMPANIES, LIFE
License fees, taxes, etc................................................. 1595
INSURANCE, LIFE AND ACCIDENT
Use of simplified language in policies and certificates required......... 473
INSURANCE RATES AND RATING ORGANIZATIONS
Filing of rates with commissioner, etc................................... 629
INTEREST AND USURY--
Class actions for violations limited........................... 1316
Permissible rates, etc......................................... 1146
INTEREST RATES
Life insurance loans............................................ 616
ITINERANT ENTERTAINERS
Designation of attorney in fact for service ................... 1474
IVEY, JAMES R., JR.
Land conveyance................................................. 584
,J-p..
JACKSON, CITY OF
Conveyance of estate for years.................................. 588
Mayor and councilvacancies in officemaximum fines, etc................. 4344
JASPER, CITY OF
New charter enacted............................................. 3534
JASPER COUNTY
Treasureroffice abolished..................................... 4605
JEFF DAVIS COUNTY
Board of commissioners, election districts...................... 4334
Education districtscomposition................................. 4130
INDEX
5049
JEFFERSON COUNTY
Office of treasurer abolished.................................. 3964
Probate judgemethod of compensating changed.................. 3809
Tax commissionersalary........................................ 3503
JEKYLL ISLAND STATE PARK AUTHORITY--.
Authorized to sell alcoholic beverages ........................ 1213
Power to contract with Brunswick and Glynn County
development authority..................................... 4057
Powers regarding fire safety codes, etc........................ 643
JOINT COUNTY AND MUNICIPAL SALES TAX
Distribution................................................... 1461
JONES COUNTY
Board of educationcompensation................................ 3714
Magistrate courtappointment and compensation of judge........ 4081
Office of tax commissioner created............................. 3830
Probate judgemethod of compensating........................... 4051
JURISDICTION, PERSONAL
Nonresidentspersonal jurisdiction over in certain domestic
relations cases............................................ 1304
JUSTICE OF THE PEACE
Fulton Countyoffice abolished ................................ 4037
JUVENILE COURTS
Cobb Countycompensation of judge.............................. 3887
JUVENILES
Disposition of delinquent or unruly juveniles.................. 829
K^
KENNESAW
Corporate limits changed...................................... 4565
L
LABOR, DEPARTMENT OF
Supplementary appropriation................................... 449
LAFAYETTE, CITY OF-jj, #
Charter amendments............................................. 4274
5050
INDEX
LANDS LEASED FOR PUBLIC PURPOSES
Leases to private parties excluded from definition ............. 647
LAURENS COUNTY
Probate judgecompensation...................................... 3781
Tax commissionercompensation.................................. 3778
LAW ENFORCEMENT OFFICERS
Indemnification, firemen........................................ 1303
Prison guard redefined with respect to indemnification of
law enforcement officers.................................... 1469
LAWSON, ROGER H
Memorial bridge designated...................................... 000
LEARY, CITY OF
Corporate limits changed........................................ 3949
LEVY AND SALE
Property exemptrequirements for eligibility, etc.............. 1170
LIBERTY COUNTY
Liberty County industrial authoritypowers, etc................. 4087
Probate courtmethod of compensating judge; employment
of clerk authorizedcompensation............................ 4157
State courtcompensation of judge and solicitor................. 3899
LICENSED HOSPITALS AND OTHER HEALTH CARE FACILITIES
Approved disaster preparedness plan required.................... 783
LICENSED PRACTICAL NURSES
Training required; renewal of licenses.......................... 465
LICENSE FEES, BUSINESS AND PROFESSIONAL
Disabled veterans relieved from payment of same ................ 667
LICENSES TO CARRY FIREARMS
Period of validity.............................................. 1431
LIENS
Hospital and nursing home for treatment and care................ 548
LIENS, MECHANICS AND MATERIALMENS
Provisions relating to preliminary notices of lien rights and claims
of liens, etc. changed...................................... 1450
INDEX
5051
LIEUTENANT GOVERNOR
Annual salary................................................ 1831
Oath of office............................................... 1539
LIFE INSURANCE
Policy loan interest rates, etc.............................. 616
LIVESTOCK DEALERS, BROKERS, PACKERS, MARKET OPERATORS, ETC.
Bonding...................................................... 1161
LOCAL EXCISE TAXES
Exemption from levy.......................................... 639
LOCAL GOVERNMENT INVESTMENT POOL
Definition of agencies authorized to utilize same............ 455
LOCAL TAXING JURISDICTIONS
Limitations on continued (Richmond County).................. 3870
LOCUST GROVE, CITY OFI
Provisions regarding offices dealing with city changed....... 4208
MSmH
MACON-BIBB COUNTY WATER & SEWERAGE AUTHORITY ACT
Amended..................................................... 3509
Easement..................................................... 440
MACON, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Bibb County-City of Maconintergovernmental relations study
commission authorized................................... 4263
Macon-Bibb County water and sewerage authorityemployees
pension plan amended.................................... 3967
President pro tempore of city councilmanner of selecting... 4327
MACON COUNTY
Board of commissionerscompensation of chairman and other members.... 4048
MAGISTRATES COURTS
See also Tabular IndexMagistrate Courts and Counties and
County MattersNamed Counties
State-wide system createdjustice courts abolished........... 884
MALT BEVERAGES
License requirements for manufacture, distribution and sale.. 1214
5052
INDEX
MANUFACTURED HOMES
Inspection and manufacturing fees......................... 456
MARIETTA, CITY OF
Downtown development authority act amended ......................... 3563
Mayorveto power........................................... 4119
MARIETTA, CITY OF, AND COBB COUNTY-^515
Urged to resolve controversy .............................. 4382
MARRIAGE
Provision regarding husband as head of household abolished ......... 1309
MAXIMUM WIDTH, LENGTH AND WEIGHT OF MOTOR TRUCKS
Changed.................................................... 1798
McCUTCHEN, PLEASANT THEODORE, SR.
Bridge designated.......................................... 4092
MENTALLY RETARDED, HANDICAPPED AND ELDERLY
Study committee for tax credit for family support created........... 997
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY
Construction, etc., priorities changed..................... 1087
Levy of retail sales tax for authority extended ..................... 1079
METROPOLITAN RIVERS LAND USE
Law amended................................................ 1059
MIDYEAR ADJUSTMENT RESERVED
Appropriation for fiscal 1983 authorized.................. 1815
MILITARY RECRUITERS
Access to student directory information in public secondary schools. 1429
MILK AND MILK PRODUCTS
Authority of commissioner of agriculture to make rules..... 737
MILLEDGEVILLE, CITY OF
Mayor and aldermencompensation............................ 4330
MILLER COUNTY
Board of commissioners created............................. 4594
INDEX
5053
MINORS
Exploitation in sexually explicit conduct prohibited; minor defined. 1437
MISDEMEANOR OFFENSES
Good-time allowances for persons confined for such.................... 1340
MISDEMEANORPUNISHMENT
Exploitation of minors in sexually explicit conduct................... 1437
MONTGOMERY COUNTY
Board of commissionerscompensation and expenses of members .......... 4149
MOTIONS FOR NEW TRIAL
Forms in civil and criminal cases..................................... 702
MOTOR COMMON CARRIERS
Suspension or cancellation of operating authority........... 529
Temporary emergency authority to provide service ..................... 462
MOTORCYCLES
Liability insurance required................................ 726
MOTOR FUEL TAX REPORTS
Criminal penalties for failure to file...................... 1834
MOTOR TRUCKS
Maximum width, length and weight changed.................... 1798
MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW
Amended..................................................... 938
MOTOR VEHICLES, LICENSING AND REGISTERING
University of Georgia bicentennial special license plates,
issuance authorized ................................... 1466
MOTOR VEHICLE SAFETY^H
Child restraint devices required while transporting certain children
penalties for violation................................. 1464
Common, contract and private carriersinspection of vehicles on request.... 735
MOTOR VEHICLE TAG REGISTRATION
Fees for restoration of suspended registrations
487
5054
INDEX
MOTOR VEHICLES
Unlawful to affix material to windshield or front door windows so as
to obstruct vision into vehicle.......................... 1300
MOTOR VEHICLES, REGISTRATION AND LICENSING
Duty of owner to report theft of license plates................. 676
MUNICIPAL CORPORATIONS
See also Tabular IndexMunicipal CorporationsNamed Cities;
MunicipalitiesHome Rule Amendments
Copies of resolutions activating development authoritiesfiling with
secretary of state ...................................... 1346
Home rule powers.............................................. 468
Powers of annexation restricted............................... 545
MUNICIPAL ELECTIONS
Costs where conducted by certain counties (175,000-185,000) .... 402
MUNICIPAL RECORDERS AND POLICE COURTS
See Tabular IndexSame Title
MURRAY COUNTY
New board of education createdreferendum....................... 3611
N
NATURAL GUARDIANS OF MINORS
Conditions requiring bond changed............................. 669
NEWTON COUNTYH
Homestead exemptionreferendum................................ 3814
Probate courtprocedure, prosecutions for violation of county
ordinances................................................ 4350
Small claims courtfees....................................... 3750
NONNARCOTIC SUBSTANCES
Certain such excluded from schedule of controlled substances ... 349
NONPROFIT CONTRACTORS
Annual audit reports.......................................... 641
NONRESIDENTS
Personal jurisdiction over in certain domestic relations cases . 1304
NONRESIDENT MOTOR COMMON CARRIERS
Designation of agent for service of process................... 1474
INDEX
5055
NONRESIDENT MOTOR CONTRACT CARRIERS
Designation of agent for service of process................. 1474
NONRESIDENT STUDENTS
Exemption from motor vehicle registration and drivers licensing
in certain cases......................................... 638
NORTH GEORGIA COLLEGE
Military scholarships........................................ 778
NORWOOD, TOWN OF
Mayor and councilmenterms changed.......................... 4210
NUCLEAR PHARMACY LAW
Enacted...................................................... 790
0
OAKWOOD, CITY OF
Recorders courtmaximum fines.............................. 3691
OCMULGEE JUDICIAL CIRCUIT
Grand juries................................................. 419
Terms of court............................................... 415
OCONEE COUNTY
Board of commissionerscompensation of chairman and members. 3800
OCONEE, TOWN OF
Recorders courtauthority to punish........................ 3783
OFFENSES AGAINST PUBLIC ORDER AND SAFETY-jgjg(
Injury to a police dog....................................... 528
OFFICE OF ENERGY RESOURCES
Establish, powers, duties, etc.............................. 1539
OFFICIAL CODE OF GEORGIA ANNOTATED
See also Tabular IndexOfficial Code of Georgia Annotated
Amended........................................................ 3
OPERATING MOTOR VEHICLE WHILE INTOXICATED
Punishment.................................................. 1000
OUTDOOR ADVERTISING
Placement restrictednotice required......................... 471
5056
INDEX
g|HRP-^H
PALMETTO, CITY OF-^i
Corporate limits extended..................................... 4110
Corporate limits extended..................................... 4134
PARDONS AND PAROLES
Limitation on grant in certain cases............................... 523
PARENT AND CHILD
Liability of father to support child born out of wedlock........... 1816
PARTITIONING OF PROPERTY HELD IN COMMON
Sale of interests of petitioners................................... 1182
P.D. OIL AND CHEMICAL STORAGE, INC.
Easement...................................................... 975
PEACE OFFICER AND PROSECUTOR TRAINING FUND ACT OF 1983
Enacted....................................................... 1094
PENAL INSTITUTIONS
Good-time allowances for persons confined for misdemeanor offenses. 1340
PENSIONS
Effect on benefits upon transfer of employees from county probation
departments (550,000 or more) to department of offender
rehabilitation................................................ 421
PERRY, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
New charter .................................................. 4386
PHARMACISTS
Qualifications for license.................................... 790
PHARMACISTS AND PHARMACIES
Third-party prescription program act enacted............... 1441
PICKENS COUNTY-------<
Small claims court established................................ 3524
PINEHURST, CITY OF
Mayor and councilelection provisions changed................ 3684
INDEX
5057
PINEVIEW, TOWN OF
Ad valorem taxauthority to imposeviolations of ordinances
authority to punish ....................................... 4004
PLUMBING CONTRACTORS
Defined, regulated............................................. 424
PODIATRISTS
Grounds for refusal or revocation of license................... 796
POOLER, TOWN OF
Aldermanic boardcomposition................................... 3865
POPULATION BILLS
Limitation on passage by general assembly...................... 1205
POST MORTEM EXAMINATIONS
Time limit for release of body after same...................... 728
POWDER SPRINGS
Downtown development authorityvacancies in membership, etc.... 4279
PRACTICE OF MEDICINE
Reports relating to denials, revocations or restrictions of staff
privileges, etc............................................ 882
Requisites for taking licensing examination changed............ 881
PREPAID LEGAL SERVICES
Insurance companies authorized to write plans, etc............. 748
PRESCRIPTIONS FOR SCHEDULE III, IV AND V CONTROLLED
SUBSTANCES
Form and content............................................. 349
PRESENTENCE OR POSTSENTENCE INVESTIGATIONS
Confidentiality................................................ 697
PRISON GUARD REDEFINED
Respecting indemnification of law enforcement officers......... 1469
PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY
Created; composition of authority; terms; powers; duties, etc.. 1820
PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY ACT
Short title changed........................................... 1820
5058
INDEX
PRIVATE DETECTIVE AND SECURITY AGENCIES
Suspension of licenses ..................................... 489
PROBATE COURTS
See also Tabular Indexsame heading
Costs in certain counties (38,000-38,200)................... 404
Judges minimum salary....................................... 482
Judgesproceeding when disqualifiedcertain counties (550,000 or more) ... 544
Schedule of costs changed............................... 867
PROBATE IN SOLEMN FORM
Petition for noticeservice by mail................................ 511
PROBATION SYSTEM, STATE-WIDE
DeKalb Countyapproval of county becoming a part................... 3982
PROBATIONERS
Community service programslive-in attendants for disabled persons. 1593
PROCESS, SERVICE
Fees charged by secretary of state for accepting service on nonresidents .... 1474
PROCESS, SERVICE ON NONRESIDENTS
Mannerhow perfected....................................... 1474
PROPERTY EXEMPT FROM LEVY AND SALE
Requirements for eligibility, etc.......................... 1170
PUBLIC OFFICERS AND EMPLOYEES
Salaries of certain public officials........................ 719
PUBLIC OFFICE-HOLDERS
Eligibility requirements.................................... 930
PUBLIC OFFICIALS AND EMPLOYEES
Conflict of interestcertain conduct prohibited ........... 1326
PUBLIC RETIREMENT SYSTEMS LAW
Enacted.................................................... 1368
PUBLIC SAFETY, DEPARTMENT OF
Issuance of free identification cards to certain persons........... 461
PUBLIC SCHOOL CHILDREN
Screening for scoliosis authorized.......................... 1547
INDEX
5059
PUBLIC SERVICE COMMISSION
Annual salary of members.................................. 1831
PUBLIC WORKS CONTRACTS
Periodic paymentsretention limited ........................ 475
PURCHASE WITHOUT COMPETITIVE BIDDING
Dollar limits changed as to certain state agencies................... 520
H-R
RABUN COUNTY
Board of commissionerscompensation of chairman and members.......... 3716
Clerk superior courtcompensation......................... 4155
RAILROAD COMPANIES
Shareholders annual meetings............................... 445
REAL ESTATE BROKERS AND SALES PERSONS
License feesrenewal of licenses, etc................................ 1411
REAL ESTATE TRANSFER TAX
Effect of filing instrument as to notice ............................ 725
REAL PROPERTY TAXATION
Preference where property devoted to bona fide agricultural purposes. 1850
REDISTRICTING OF 4TH AND 5TH CONGRESSIONAL DISTRICTS
1981 plan................................................... 2C
REFFNER, MARY D.
Compensation.............................................. 4381
RESIDENTIAL HOUSING
Secondary market program.................................. 1228
RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW
Definitions, applicability................................. 515
RESTITUTION OF AMOUNT OF BAD CHECK, ETC.-Hj
Made while offender serves a probated or suspended sentence, etc..... 1189
RETAIL INSTALLMENT CONTRACTORS
Fees charged for dishonored checks or drafts... 1430
5060
INDEX
RETAIL SALES TAX-^
Levy for metropolitan Atlanta rapid transit authority extended... 1079
REVENUE SHORTFALL RESERVE
Appropriation for fiscal 1983 authorized......................... 1815
REYNOLDS, CITY OF
Charter amendmentscompetitive bids.............................. 3875
Judge municipal courtqualifications............................. 3875
RICHMOND COUNTY
Civil courtcompensation of judges............................... 4173
Constitutional amendmentconsolidation of county and City of Augusta
tax assessors continued in force............................ 4094
Compensation of certain officials changed........................ 4173
Treasureroffice abolished....................................... 3863
Exemption of certain property from ad valorem taxation continued. 4143
Limitations on local taxing jurisdictions continued.............. 3870
Richmond County board of health continued........................ 4702
Sheriffs merit system board created ............................ 4495
RIVERDALE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
ROCKDALE COUNTYlii
See also Tabular IndexCounty MattersHome Rule Amendments
Magistrate courtpractice, procedure, jurisdiction, etc..... 3651
ROCKMART, CITY OF-^B
See also Tabular IndexMunicipalitiesHome Rule Amendments
Recorderauthority to punish for law violations and contempt..... 4046
ROME, CITY OF
Board of educationadditional memberelection of members, etc.... 3641
Commission memberselectioncompensation......................... 4188
ROSSVILLE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
S
SAFE DAMS STUDY COMMISSION
Created........................................................... 582
SALE CITY, CITY OF
Mayor and councilmenterms and election procedures .............. 3748
INDEX
5061
SALES TAX, JOINT COUNTY AND MUNICIPAL
Distribution................................................. 1461
SALVAGE MOTOR VEHICLES OR PARTS
Sale to an unlicensed dealer prohibited........................ 699
SAPELO HERITAGE AUTHORITY
Created......................................................... 623
SAVANNAH, CITY OF
See also Tabular IndexMunicipalitiesSHome Rule Amendments
Board of aldermenmanner of filling vacancies.................. 3827
Board of public education for the City of Savannah and the County
of Chathammembers compensation........................... 4153
City of Savannah and Chatham County school systemdistricts.... 3759
City of Savannah and Chatham County school systemterms of
president and board membersreferendum..................... 4039
Easement to resource recovery development authority............. 586
SCHOOL BUSES
Certain laws relating to school buses inapplicable to publicly
owned transit system........................................ 633
SCHOOL BUS DRIVERS
Minimum salaries prescribed.................................... 1218
SCHOOLS, STATE AID TO LOCAL SYSTEMS
Program of grants authorized.................................. 823
SCOLIOSIS
Screening of public school children for same................... 1547
SCREVEN COUNTY
State courtcompensation of judge and solicitor................ 3923
SECRETARY OF STATE
Annual salary.................................................. 1831
Copies of resolutions activating downtown development authorities
to be filed with secretary of state........................ 1346
Fees for accepting service of process on nonresidents ......... 1474
SECRETARY OF STATE CORPORATIONS
Minimum number of directors.................................... 506
SECRETARY OF THE SENATE
Manner of election and term..................................... 494
5062
INDEX
SECURITIES DEALERS AND SALESMEN-#'!
Exemption from requirement to provide surety bonds............ 781
SEMINOLE COUNTY^, ft
Board of educationelection of members, manner of filling vacancies
procedurescompensation................................... 3994
SENATE
Secretarymanner of election and term......................... 494
Sergeant-at-arms provided..................................... 385
SERVICE MARKS
Registration fees ........................................... 1470
SHERIFFS RETIREMENT FUND OF GEORGIA
Additional member of board of commissioners, etc............. 1185
SMALL CLAIMS COURTS
Wilcox Countyestablished..................................... 3984
SMALL CLAIMS COURTS
See Tabular Indexsame heading
SOUTH COBB DEVELOPMENT AUTHORITYH
Area enlarged................................................ 4324
SOUTHERN JUDICIAL CIRCUIT-^
Supplement to compensation of judge........................... 753
SPALDING COUNTY
Griffin-Spalding County development authoritypowers and
duties defined .......................................... 3834
Sale of certain tract located in Spalding County authorized .. 995
SPECIALIZED LAND TRANSACTIONS
Georgia time-share act enacted............................. 1255
STATE AND LOCAL BONDED OBLIGATIONS
Purposes, etc................................................. 839
STATE BOARD OF EDUCATION
Manner of filling vacancies................................... 495
STATE BOARD OF EQUALIZATION
Appeals of tax assessments to same............................ 1834
INDEX
5063
STATE BOARD OF MEDICAL EXAMINERS
Directed to adopt certain rules.................................... 590
STATE BOARD OF PARDONS AND PAROLES
Members, meetings, duties, etc..................................... 500
STATE BOARD OF PHARMACY
Authorize to delete drugs from list of dangerous drugs............. 349
STATE BOARD OF RECREATION EXAMINERS
Termination date changed................................... 679
STATE BOXING COMMISSION
Created.................................................... 941
STATE CONSTRUCTION INDUSTRY LICENSING BOARD
Createdpowers, etc........................................ 424
STATE COURTS
See also Tabular Indexsame heading
Jurisdiction, qualifications and compensation of judgesuniformity. 1419
STATE LICENSED AND BONDED WAREHOUSES
Financial statements of licensees and applicants........... 946
STATE MEDICAL EDUCATION BOARD
Createdorganization, powers, etc........................ 951
STATE MERIT SYSTEM
Covered employees defined.................................. 459
STATE REPRESENTATIVE DISTRICTS
Composition of certain districts changed................. 1123
STATE REVENUE COMMISSIONERS
Annual salary............................................. 1831
Qualifications for office.................................. 526
STATESBORO, CITY OF
Recorders courtmaximum amount of fines authorized....... 4247
STATE TOLLWAY AUTHORITY
Maintenance and operational assistance by department of transportation ... 635
5064
INDEX
STATE WATER WELL STANDARDS ADVISORY COUNCIL
Termination date changed.......................................... 478
STATE WIDE FIRE PROTECTION STUDY COMMITTEE
Resolution creating amended....................................... 999
STONE MOUNTAIN JUDICIAL CIRCUIT
Judges salary supplements........................................ 775
STRUCTURAL PEST CONTROL LAW
Amended........................................................... 739
SUMMERVILLE
City managerposition created.................................... 4614
SUMTER COUNTY
Clerk of superior court; probate court judge, sheriff, tax commissioner
minimum compensationsupplements............................. 4079
Sheriffcompensation............................................. 4002
Tax commissionercompensation.................................... 4000
SUPERIOR COURTS
See also Tabular Indexsame heading
Clerks minimum annual salarydetermination of population in
certain counties.............................................. 581
Clerks minimum annual salary fixed by county population....... 578
Clerks retirement fundcharges for filing civil cases......... 555
Clerkstraining required ........................................ 1306
Filing fees...................................................... 1210
Judges salary supplements, certain counties (38,000-39,000)...... 403
SUPREME COURT
Terms, divisions, procedure, records, minutes, etc................ 956
SUPPLEMENTARY APPROPRIATIONS ACT
Enacted........................................................... 159
T
TALBOT COUNTY
Board of commissionerselection of members, terms of office, etc. 4105
TATTNALL COUNTYr
Probate courtmethod of compensating judge changed............... 4270
INDEX
5065
TAX ASSESSORS AND TAX EQUALIZATION BOARDS, COUNTY
Qualifications changed......................................... 576
TAXATION
Banks and building and loan associations revised................... 1350
Execution and levy to collect fees, etc. due state................. 1834
TAXATION, AD VALOREM
Date of making returns changed................................. 1849
TAXATION, ASSESSMENTS
Appeals to state board of equalization; procedures................. 1834
Service of notice of same...................................... 1834
TAXATIONDELINQUENT TAXES
Rate of interest and penalty in certain counties (175,000-190,000). 752
TAX EXECUTION FEES
Law relating to assessment of same changed..................... 575
TAX EXECUTIONS
Entry of satisfaction......................................... 1834
Garnishmentsjurisdiction over................................ 1834
Proceeding for prevention of dormancy......................... 1834
TAX SALES
Amounts to be paid upon redemption............................. 822
TAYLORSVILLE, TOWN OF
Charter amendmentsreferendum.................................. 4161
TEACHERS RETIREMENT SYSTEM OF GEORGIA
Beneficiaries authorized to act as teachers aides or substitutes.. 949
Certified professional personnel defined.................... 1859
Election of membership in employees retirement system of Georgia... 1859
TECHNICIANS ASSISTING VETERINARIANS
Laws regulating revised........................................ 705
TELEGRAPH COMPANIES
Procedure for incorporation.................................. 859
TEMPORARY DISABILITY OF ELECTED CONSTITUTIONAL OFFICERS
Procedures.................................................... 1207
5066
INDEX
TEMPORARY GUARDIANS FOR MINORS
Appointment in certain cases................................. 692
TENANTS IN COMMON
Sale of interests of petitioners for partition.............. 1182
TERRELL COUNTY
Small claims court costs ....................................3711
THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF
1965-HH
Amended...................................................... 764
THE USED MOTOR VEHICLE DISMANTLERS, REBUILDERS AND
SALVAGE DEALERS REGISTRATION ACT
Amended...................................................... 710
THIRD-PARTY PRESCRIPTION PROGRAM ACT
Enacted..................................................... 1441
THOMAS COUNTY
Board of commissioners created, election, etc................... 3605
Small claims courtelection of judge............................ 3902
THOMASTON, CITY OF
Board of educationmethod of selecting members changed ............ 3506
Thomaston-Upson county office building authoritypowers defined. 3951
THOMPSON, GEORGE W.
Bridge designated............................................... 4091
TICKET SCALPING
Prohibitedservice charges authorized........................... 1468
TIFT COUNTY
Board of commissionersauthority to fix salary of chairman......... 3954
Board of commissionersauthority to fix salary of tax commissioner. 3956
TIFTON-TIFT COUNTY
Charter commission act enacted ................................. 3590
TIME-SHARE ESTATES
Georgia time-share act enacted................................ 1255
INDEX
5067
TOOMBS CIRCUIT
Lincoln County grand jury terms ............................... 774
TOWNS COUNTY
Georgia mountain fair authorityqualifications of members
project defined......................................... 3776
Probate judgemanner of compensating.......................... 4620
Sheriffcompensationdeputies authorizedcompensation
county automobiles........................................ 4074
TRADEMARKS
Registration fees ............................................ 1470
TRAINERS, ATHLETIC
Licensing...................................................... 444
TREASURERS, COUNTY
Jasper Countyoffice abolished................................ 4605
Manner of electionterms of office............................. 1212
Richmond Countyoffice abolished.............................. 3863
TUCKER, MAMIE O. ESTATE
Land conveyance................................................ 969
TUCKER, W.R., HEIRS AND OTHERS
Land conveyance................................................ 969
TURNER, MYRTIE VERA
Land conveyance................................................ 969
TURNER, MYRTIE VERA, AND CLINTON W AS EXECUTORS OF ESTATE
OF MAMIE O. TUCKER
Land conveyance................................................ 969
TYBEE ISLAND, CITY OF
Charter amendmentsreferendum................................. 3586
TYRONE, TOWN OF
Councilmen, termselection.................................... 4704
U
UNEMPLOYMENT COMPENSATION
Maximum weekly benefit increased............................... 1592
5068
INDEX
UNION POINT, CITY OF
Authority to assess fines and punishment................... 4061
UNION COUNTY
Board of educationelection of members, vacancies, etc.referendum .... 4514
UNIVERSITY OF GEORGIA BICENTENNIAL SPECIAL LICENSE PLATES
Issuance authorized........................................ 1466
UPSON COUNTY^T*
Thomaston-Upson County office building authoritypowers defined........ 3951
USED CAR DEALERS
Law regulating business changed............................. 550
V
VEHICLE EQUIPMENT SAFETY COMPACT
Georgia withdrawn .......................................... 691
VETERANS
Office of commissioner of veterans service created..................... 1401
VETERINARIANS, TECHNICIANS ASSISTING
Laws regulating revised..................................... 705
VIDALIA, CITY OF
Charter amendments.......................................... 4362
VITAL RECORDS
Delayed certificates of birth, etc.......................... 732
VOLUNTEER FIREMAN
Georgia firemens pension fund, firemen, volunteer fireman defined. 1310
VOTER REGISTRATION
Certain qualifications revised and up-dated................. 930
HW
WALKER COUNTY l
Probate judgemaximum compensation of personnel............. 3721
Superior court clerkmaximum compensation of personnel ................ 3724
Tax commissionercompensation of office personnel...................... 3884
INDEX
5069
WALTON COUNTY
Sheriffs officebenefits to personnel, etc................... 4357
WALTON, RICHARD
Compensation................................................. 4380
WATER AND SEWER AUTHORITY, ETOWAH
Members qualifications and manner of electing................ 3718
WATER AND SEWERAGE AUTHORITIES
Macon-Bibb County act amended................................. 3509
WATKINSVILLE, CITY OF
New charter enacted.......................................... 4625
WAYNE COUNTYM
State courtcompensation of judge and solicitor.............. 3931
Superior courtcompensation of clerk......................... 3933
WHEELER COUNTY
Commissioncompensation changed.............................. 4151
WHITE, MRS. MARGARET BURKE
Land conveyance............................................... 592
WHITE PLAINS, CITY OF
New charter enacted.......................................... 4665
WILCOX COUNTY
Small claims court established............................... 3984
WILDLIFE, HUNTING
Use of crossbows by handicapped persons permitted, etc....... 664
WILKINSON COUNTY
Board of commissionerselection, meetings, etc............... 3699
Board of commissionersmembers compensation................. 3697
Board of educationelection of successor board; districts, terms
of office, etc........................................... 3911
WINES, FARM PRODUCED
Sales authorized and regulated............................... 1116
WINTERVILLE, CITY OF-^'';
Police courtpunishment authority........................... 3707
5070
INDEX
WORKERS COMPENSATION
Duty of board to inform injured worker of rights............ 700
Expenses of deceased employees last illness and burial expenses changed.... 700
WORTH COUNTY
Small claims courtjurisdictional amounttenure of judge
fees and costs ......................................... 3960
WRITINGS AS EVIDENCE, AUTHENTICATION^
Writings which may be received, etc......................... 525
WRITS OF POSSESSION
Issuance to owners of rented or leased personal property.... 724
INDEX
5071
POPULATION OF GEORGIA COUNTIES
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Campbell
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
1980
15,565
6,141
9,379
3,808
34,686
8,702
21,293
40,760
16,000
13,525
151,085
10,767
8,701
15,255
10,175
35,785
19,349
13,665
5,717
13,371
7,518
56,346
36,991
7,343
202,226
21,732
21,856
51,699
74,498
3,553
150,357
6,660
297,694
26,894
35,376
40,118
13,490
39,268
7,684
19,489
12,318
4,774
25,495
483,024
16,955
10,826
100,978
54,573
13,158
1970
12,726
5,879
8,233
3,875
34,240
6,833
16,859
32,911
13,171
11,556
143,366
10,291
5,940
13,743
6,539
31,585
18,255
10,560
6,606
11,334
-6,412
45.404
28,271
5,680
187,816
25,813
20,541
31,059
65,177
3,636
98,126
6,405
196,793
22,828
32,298
22,327
12,129
32.310
5,748
18,087
9,910
3,639
22.310
415,387
15.658
10.404
89,639
28.659
12,682
1960
13,246
6,188
8,359
4,543
34,064
6,497
14,485
28,267
13,633
12,038
141,249
9,642
5,891
15,292
6,226
24,263
20,596
8,976
7,341
9,975
6,672
36,451
21,101
5,313
188,299
13,011
19,954
23,001
45,363
4,651
46,365
6,545
114,174
21,953
34,048
13,423
11,822
28,893
5,816
17,768
8,666
3,590
25,203
256,782
16,483
11,474
76,680
16,741
13,151
1950
14,003
7,362
8,940
5,952
29,706
6,935
13,116
27,370
14,879
13,966
114,079
9,218
6,387
18,169
5,965
24,740
23,458
9,079
8,578
7,322
8,063
34,112
15,146
4,821
151,481
12,149
21,197
20,750
36,550
5,844
22,872
6,007
61,830
23,961
33,999
9,525
12,201
27,786
6,080
17,663
7,364
3,712
23,620
136,395
17,865
14,159
43,617
12,173
17,413
19 40
14.497
7,093
8,096
7,344
24,190
8,733
13,064
25,283
14,523
15,370
83,783
9,655
6,871
20.497
6,288
26,010
26,520
9,182
10,438
5,910
9,103
34,156
12,199
5,256
117,970
15,138
18,532
20,126
28,398
7,064
11,655
6,437
38,272
21,641
33,012
9,433
11,919
26,972
7,128
17,540
5,894
4,479
22,234
86,942
21,022
16,886
28,565
10,063
18,679
I960
13,314
6.894
7,065
7,818
22,878
9,703
12,401
25,364
13,047
14,646
77,042
9,133
6.895
21,330
6,952
26,609
29,224
9,345
10,576
6,338
9,903
8,991
34.272
9,421
4,381
105,431
8,894
15.407
20,003
25,613
6,943
10,260
7,016
35.408
19,739
30.622
8,793
11,311
26,127
7,020
17,343
4,146
3,502
23.622
70,278
21,599
18,025
22,306
9,461
18.273
i
5072
INDEX
County
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd
Forsyth .
Franklin
Fulton
Gilmer
GlascQtk
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
McDuffie
McIntosh
Macon
Madison
Marion
Meriwether
| 1980
I 2,297
I, 18,327
I 18,758
, 20,795
I 8,428
I
| 14,748
|f 29,043
| 79,800
|j 27,958
I 15,185
I
i 589,904
li 11,110
I 2,382
If 54,981
| 30,070
li 19,845
11,391
I 166,903
I 25,020
I; 75,649
9,466
18,422
15,464
18,585
6,520
36,309
77,605
8,988
25,343
7,553
11,473
18,403
8,841
8,660
16,579
12,215
5,654
36,990
11,684
37,583
6,949
4,524
67,972
10,762
18,546
8,046
j! 14,003
17,747
5,297
21,229
1970
1,924
13,632
17,262
18.357
7,290
13.357
11,364
73,742
16,928
12,784
605,210
8,956
2,280
50,528
23,570
17,826
10,212
72,349
20,691
59,405
9,019
15,927
11,520
15,814
5,354
23,724
62,924
8,036
21,093
5,760
9,425
17,174
8,332
7.727
12,270
10,688
5,031
32,738
7,044
17,569
5,895
3,746
55,112
8.728
15,276
7,371
12,933
13,517
5,099
19,461
1960
1,876
10,144
17,835
17,815
6,952
13,620
8,199
69,130
12.170
13,274
556,326
8,922
2,672
41,954
19.228
18,015
11,193
43,541
18,116
49,739
9,979
14,543
11,167
15.229
5,333
17,619
39,154
9,211
18,499
6,135
8,914
17,468
9,148
8,048
8,468
10,240
5,097
32,313
6,204
14,487
5,906
3,874
49,270
7,241
12,627
6,364
13.170
11,246
5,477
19,756
1950
2,494
9,133
18,585
19,789
6,653
15,192
7,978
62,899
11,005
14,446
473,572
9,963
3,579
29,046
18,922
18,928
12,843
32,320
16,553
40,113
11,052
14,663
11,265
14,495
6,975
15,857
20,964
11,973
18,997
7,473
9,299
18,855
10,264
9,893
7,538
10,242
5,151
33,123
6,674
8,444
6,462
3,598
35,211
6,574
11,443
6,008
14,213
12,238
6,521
21,055
1950
2,964
9,646
19,618
23,517
7,401
14,752
8,170
56,141
11,322
15,612
392,886
9,001
4,547
21,920
18,445
19,654
13,709
29,087
14,771
34,822
12,764
14,377
11,428
15,512
8,610
15,119
11,303
12,936
20,089
8,772
8,841
20,040
11,843
12,953
8,331
10,091
5,632
33,606
7,837
8,595
7,042
4,086
31,860
6,223
10,878
5,292
15,947
13,431
6,954
22,065
I960
2.744
10,164
18,485
24,101
7.102
12,969
8,665
48,677
10,624
15,902
318,587
7,344
4,388
19,400
16,846
19,200
12,616
27,853
12,748
30,313
13,070
13,263
11,140
15,174
9.102
15,924
11,280
12,199
21,609
8,594
8,118
20,727
12,908
12,681
8,992
9.745
5,190
32,693
8,328
8,153
7,847
4,180
29,994
4,927
9,014
5,763
16,643
14,921
6,968
22,437
County
Miller
Milton
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
INDEX
I 1980 I
I 7,038 |
n i
] 21,114 |
|\ 14,610 |
7,011 |
I ' I
ifc 11,572 |
i 19,685 I
I 170,108 I
i 34,439 1
12,427 I
8,929
26,042
19,151
11,652
11,897
1970 \ 1960
6,424 | 6,908 |
I I
18,956 | 19,652 |
10,991 | 10,495 i
6,099 | 6,284 |
B - I
9,904 | 10,280 I
12,986 b| 10,447 |
167,377 ;| 158,623 j
26,282 |, 20,999 |
7,915 | 6,304 j
7,598 | 7,926
17,520 | 13,101
15,990 S 13,846 j
9,620 8,903
9,281 9,678
1950 |
9,023 |
22,528 |
10,523 |
7,901 |
!
11,899 i
10,676 |
118,028 |
20,185 |
7,009 |
9,958 1
11,752 |
11,705 |
8,855 |
11,112 |
8,937
| : 32,386
8,950
I 10,295
I 2,357
7,316
29,656
8,066
8,394
2,180
7,138
28,015
8,204
7,798
2,432
8,459 |
30,976 |
8,808
7,731
3,015
19i0
9,998
23,261
10,749
9,668
12,713
I. .137
75,494
18,576
7,576
12,430
12,832
10,378
9,136
II, 800
10,376
28,467
9,829
8,514
3,435
' 10,466
1 9,599
181,629
36,747.
3,433
8,327
8,734
162,437
18,152
3,097
7,456
11,078
135,601
10,572
3,256
7,424
13,804
108,876
8,464
4,036
7,821
16,609
81,863
7,724
5,033
14,043
I 9,057
|*. 47,899
I 21,763
I 5,896
12,591
7.059
39,514
20,331
6.511
14,919
6,802
35,404
18,391
7,371
18,000
7,904
31,045
16,647
9,194
20,353
8,492
28,427
12,972
10,603
29,360
6,534
2,032
I 18,134
I 7,902
26,931
6,625
2,423
16.557
7,865
24,652
7,127
3,370
15,837
8,311
24,208
7,687
4,515
15,939
9,113
24,502
8,141
6,278
16,243
10,768
*. 11,445
( 12,017
; 38,098
I , 32,862
. 22,592
5,638
6,087
50,003
9,510
9,354
9,390
25,998
56,470
31,211
37,180
11.394
11,416
34,562
27,288
19,151
4,565
5,647
44,466
8,790
8,222
6,811
23,505
50,691
23,404
33,525
11,715
12,742
34,319
23,487
16,837
4,538
5,874
47,189
8,439
7,935
6,510
23,800
45.264
20,481
34,219
13,221
14,314
33,932
22,645
17,382
4,803
6,522
49,841
10,479
8,308
7,318
25,078
38,198
20,230
30,289
15,145
16,675
31,289
18,599
16,952
4,925
7,632
43,879
10,846
9,117
7,680
25,064
31.024
20,777
27,929
5073
19 SO
9,076
6,730
23,620
11,606
10,020
12,488
9,215
57.558
17.290
8,082
12,927
12,327
10,268
9,687
12,522
10,853
25,141
9,005
8,367
3,820
6,331
17,174
72,990
7,247
5,347
20,503
7,389
23,495
11,740
11,114
26,800
8,458
6,172
15,411
10,617
14,997
18.290
32,612
16,068
17,165
4,346
7,488
36,752
11,196
8,372
6,340
19,509
26,206
21,118
26.558
5074
INDEX
County
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
Total
1980
6,583
18,842
20,750
2,341
5,155
10,120
65,780
7,682
10,951
10,368
18,064
1970
6,669 i
17,480 :
17,858 |
2,362 |<
4,596 |
I
7,742-1'
55,108 ;
6,998 I
10,184 :
9,393 i
14,770 I
19 SO
7,360
18,903
17,921
3,247
5,342
6 935
42,109
7,905 |
10,961 |
9,250 i
16,682
1950 \
8,779 |
21,012 |
14,248 |
4,081 I
6,712 !
I
5,951 |
34,432 |
10,167 |
12,388 |
9,781 |
19,357 |
I
19U0 |
10,236 I
24,230
13,122 |
4,726 i
8,536 I
I
6,417 I
26,105 I
12,755 I
15,084 i
11,025 I
21,374 |
I
1930
11,181
25,030
12,647
5,032
9,149
6,056
20,808
13,439
15,944
10,844
21,094
15,464,265 4,589,575 I 3,943,116 | 3,444,578 | 3,123,723 | 2,908,506
POPULATION NUMERICALLY LISTED
ACCORDING TO 1980 CENSUS
County
Taliaferro
Echols .
Webster
Quitman
Glascock
Schley
Clay
Baker
Long
Dawson
Wheeler
Marion
Towns
Lanier
Calhoun
Stewart
Treutlen
Atkinson
Heard
Talbot.....
Warren .
Clinch.....
Lincoln .
Montgomery
Miller
Charlton
Candler
Jasper
Wilcox.....
Crawford
Taylor.....
McIntosh
Evans .
Johnson
Brantley
Banks
Jenkins
Oglethorpe
Pike
Pulaski .
Irwin......
Seminole
Population
.... 2,032
2.297
2,341
2,357
2,382
3,433
3.553
3,808
4,524
4,774
5,155
5.297
5,638
5,654
5,717
5,896
6,087
6,141
6,520
6,534
6,583
6,660
6.949
7,011
7,038
7,343
7,518
7.553
7,682
7,684
7,902
8,046
8,428
8,660
8.701
8.702
8,841
8,929
8,937
8.950
8,988
9,057
County
Twiggs
Bacon
Union
Hancock
Turner .
Randolph
White
Bryan
Putnam
Wilkinson
Rabun
Lumpkin
Bleckley
Dooly
Wilkes
Gilmer
Greene
Telfair
Jeff Davis
Morgan
Pickens
Lee
Pierce
Terrell
Lamar
Dade
Oconee
Early
Camden
Cook
Berrien
Butts
Macon
Screven
Monroe
Fannin
Franklin
Brooks
Harris
Appling
Ben Hill
Jones
Population
9,354
9,379
9,390
9,466
9,510
9,599
10,120
10,175
10,295
10,368
10,466
10,762
10,767
10,826
10,951
11,110
11,391
11,445
. 11,473
11,572
11,652
11,684
11,897
12,017
12,215
12,318
12,427
13,158
13,371
13,490
13,525
13,665
14,003
14,043
14,610
14,748
15,186
15,266
15,464
15,565
16,000
16,579
INDEX
5075
County
Dodge........
Madison......
Worth........
Tattnall.....
Effingham....
Jefferson....
Haralson.....
McDuffie ....
Hart ........
Elbert ......
Washington . . .
Peach........
Burke........
Crisp........
Murray.......
Grady........
Wayne.......
Emanuel.....
Mitchell....
Meriwether ..
Barrow......
Chattahoochee
Stephens....
Chattooga. . . .
Toombs......
Habersham . .
Jackson ....
Decatur.....
Upson.......
Paulding....
Coffee......
Forsyth.....
Fayette.....
Sumter......
Gordon......
Walton......
Polk........
Tift........
Population
16,955
... 17,747
18,064
. . 18,134
... 18,327
18,403
.... 18,422
... 18,546
.... 18,585
.... 18,758
18,842
... 19,151
.... 19,349
.... 19,489
.... 19,685
.... 19,845
.... 20,750
.... 20,795
.... 21,114
.... 21,229
.... 21,293
.... 21,732
.... 21,763
.... 21,856
.... 22,592
.. 25,020
.... 25,343
.... 25,495
.. 25,998
.... 26,042
.... 26,894
.... 27,958
... 29,043
.. 29,360
.... 30,070
.... 31,211
. .. 32,386
.. . 32,862
County
Newton ..
Baldwin ..
Colquitt ..
Bulloch . . .
Henry ....
Rockdale .
Laurens . .
Catoosa...
Ware......
Liberty ...
Thomas...
Coweta ...
Columbia .
Bartow . . .
Spalding . .
TVoup ....
Cherokee .
Douglas...
Glynn ....
Carroll. . . .
Walker ...
Whitfield .
Lowndes ..
Clarke ....
Hall......
Houston ..
Floyd.....
Dougherty
Clayton...
Bibb......
Gwinnett .
Muscogee .
Richmond.
Chatham..
Cobb......
Dekalb ...
Fulton....
Total...
Population
34,439
34,686
.... 35,376
.... 35,785
.... 36,309
.... 36,747
. 36,990
.... 36,991
.... 37,180
. .. 37,583
.... 38,098
.... 39,268
. . 40,118
.... 40,760
.... 47,899
.... 50,003
.... 51,699
. .. 54,573
.. .. 54,981
. .. 56,346
.... 56,470
. . 65,780
.... 67,972
.... 74,498
.... 75,649
.... 77,606
.... 79,800
.... 100,978
.... 150,357
.... 151,085
.... 166,903
.... 170,108
.... 181,629
. 202,226
... .297,694
483,024
...589,904
.. 5,464,265
5076
MEMBERS OF THE GENERAL ASSEMBLY
COUNTY
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
Emanuel
Evans
GEORGIA STATE SENATE
Senatorial
Diatrict
6, 20
7
6
11
25
47
48
31, 52
13
7
18, 26, 27
19
6
8
3, 4
4
21
17
11
6
4
29, 30
53, 54
6
I 2, 3
11, 15
53
37, 51
46
11
17, 44
7
32, 33, 37, 56
19
10, 13
23, 24
8
28
27
13
53
50
10
5, 41/43, 55
19
13
12
30, 34
11
8
4
47
21
4
Fannin
Fayette
Floyd
Forsyth
Franklin
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
Macon
Madison
Marion
McDuffie
McIntosh
Meriwether
Miller
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
51
34
52
49, 56
47
34/36, 38/40
56
51
21
3, 6
51
10
24
9, 48
50
49
25
31
29
47
29
17
18
13
46, 47
25
19
21
21
20
25
27
7
20
14
3
24
4
8
50
14
47
16
24
3
29
11
11
27
20
25
54
15, 16
45
Senatorial
District
MEMBERS OF THE GENERAL ASSEMBLY
5077
COUNTY
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Senatorial
District
COUNTY
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
5078
MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1981-1982
District Name
Address
22 Thomas F. Allgood......
18Ed Barker ..............
33 Roy E. Barnes..........
39 Julian Bond............
13 Rooney L. Bowen........
51 Max Brannon ...........
56Haskew H. Brantley, Jr...
46 Paul C. Broun..........
47 M. Parks Brown.........
3 Glenn E. Bryant........
5 Joe Burton.............
28 Kyle Cobb..............
35Frank E. Coggin.........
1J. Tom Coleman.........
40 Paul D. Coverdell......
45Harrill L. Dawkins......
49 J. Nathan Deal.........
31Nathan Dean.............
21Bill English............
34 Bev Engram.............
54W. W. (Bill) Fincher, Jr. .
50 John C. Foster.........
30Wayne Garner............
20Hugh M. Gillis..........
26 Richard L. Greene......
27 W. F. (Billy) Harris...
37Carl Harrison ..........
29 J. Render Hill.........
52 Edward Hine, Jr........
12A1 Holloway.............
17Janice S. Horton .......
42Pierre Howard...........
15 Floyd Hudgins .........
53 Waymond C. Huggins
4 Joseph E. Kennedy......
25Culver Kidd.............
16 Ted J. Land ..........
23 Jimmy Lester...........
6 Bill Littlefield.......
24 Sam P. McGill .........
14 Lewis H. (Bud) McKenzie
48 Donn M. Peevy..........
................P.O. Box 1523, Augusta 30903
.......... P.O. Box KK, Warner Robins 31099
. . . . Suite 225, 166 Anderson St., Marietta 30060
.......... 361 West View Dr. SW, Atlanta 30310
.......................Box 417, Vienna 31092
................P.O. Box 1027, Calhoun 30701
................P.O. Box 605, Alpharetta 30201
................ 165 Pulaski St., Athens 30610
................P.O. Box 37, Hartwell 30643
................ P.O. Box 585, Hinesville 31313
..... 2598 Woodwardia Rd, NE, Atlanta 30345
................ P.O. Box 1010, Griffin 30224
.............201 Victoria Lane, Hapeville 30354
.............P.O. Box 22398, Savannah 31403
..........2015 Peachtree St. NE, Atlanta 30309
..........2319 Rolling Acres Ct., Conyers 30207
.............P.O. Box 2522, Gainesville 30503
............. 340 Wingfoot St., Rockmart 30153
................214 Golf Dr., Swainsboro 30401
749 Pinehurst Dr., P.O. Box 367, Fairburn 30213
..........P.O. Drawer 400, Chatsworth 30705
................P.O. Box 100, Cornelia 30531
............. 25 Azalea Trail, Carrollton 30117
................P.O. Box 148, Soperton 30457
.. Suite 517, Trust Co. Bank Bldg., Macon 31201
. 1261 Willingham Springs Rd., Thomaston 30286
................ P.O. Box 1374, Marietta 30061
................P.O. Box 246, Greenville 30222
................P.O. Box 5511, Rome 30161
................P.O. Box 588, Albany 31702
.......... 430 Burke Circle, McDonough 30253
.. 1000 First National Bank Bldg., Decatur 30030
.............P.O. Box 12127, Columbus 31907
................P.O. Box 284, LaFayette 30728
................ P.O. Box 246, Claxton 30417
.............P.O. Box 370, Milledgeville 31061
..... 1069 Standing Boy Court, Columbus 31904
.....First Federal Savings Bldg., Augusta 30901
.................................... Resigned
.............P.O. Box 520, Washington 30673
.............P.O. Box 565, Montezuma 31063
.......... 508 Spring Lake Rd., P.O. Box 862,
Lawrenceville 30246
MEMBERS OF THE GENERAL ASSEMBLY
5079
7Ed Perry...........................................Route 2, Nashville 31639
9R. T. (Tom) Phillips................. 1703 Pounds Rd., Stone Mountain 30087
2Albert (Al) Scott .........738 E. Victory Dr., P.O. Box 1704, Savannah 31402
36David Scott............................... 190 Wendell Dr. SE, Atlanta 30315
43 Thomas R. Scott ....................... 2887 Alameda Trail, Decatur 30034
44 Terrell Starr......................4766 Tanglewood Lane, Forest Park 30050
55Lawrence (Bud) Stumbaugh
38Horace Tate............
32Joe Thompson...........
11Jimmy Hodge Timmons ...
10Paul Trulock...........
8Loyce W. Turner.........
41James W. (Jim) Tysinger . .
19Ronnie Walker..........
.............. 1071 Yemassee
Stone Mountain
.....621 Lilia Dr. SW, Atlanta
....... P.O. Box 1045, Smyrna
....... 132 Woodlawn, Blakely
..........P.O. Box 68, Climax
.. 608 Howellbrook Dr., Valdosta
3781 Watkins Place NE, Atlanta
.........P.O. Box 461, McRae
Trail,
30083
30310
30081
31723
31734
31601
30319
31055
5080
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF THE SENATE OF GEORGIA
BY DISTRICTS IN NUMERICAL ORDER
AND ADDRESSES
FOR THE TERM 1981-82
District Name
Address
1 J. Tom Coleman, Jr......
2 Albert (Al) Scott ......
3 Glenn E. Bryant.........
4 Joseph E. Kennedy.......
5 Joe Burton..............
6 Bill Littlefield........
7 Ed Perry................
8 Loyce W. Turner.........
9 R. T. (Tom) Phillips....
10 Paul Trulock............
11 Jimmy Hodge Timmons ..
12 Al Holloway.............
13 Rooney L. Bowen.........
14 Lewis H. (Bud) McKenzie
15 Floyd Hudgins ..........
16 Ted J. Land ............
17 Janice S. Horton .......
18 Ed Barker...............
19 Ronnie Walker...........
20 Hugh M. Gillis..........
21 Bill English............
22 Thomas F. Allgood.......
23 Jimmy Lester............
24 Sam P. McGill...........
25 Culver Kidd.............
26 Richard L. Greene.......
27 W. F. (Billy) Harris....
28 Kyle Cobb...............
29 J. Render Hill..........
30 Wayne Garner............
31 Nathan Dean.............
32 Joe Thompson............
33 Roy E. Barnes...........
34 Bev Engram..............
35 Frank E. Coggin.........
36 David Scott.............
37 Carl Harrison ..........
38 Horace E. Tate..........
39 Julian Bond.............
40 Paul D. Coverdell.......
41 James W. (Jim) Tysinger .
42 Pierre Howard...........
.............P.O. Box 22398, Savannah 31403
............. 738 E. Victory Dr., P.O. Box 1704
................ P.O. Box 585, Hinesville 31313
................ P.O. Box 246, Claxton 30417
..... 2598 Woodwardia Rd. NE, Atlanta 30345
................................... Resigned
.......................Route 2, Nashville 31639
.........608 Howellbrook Dr., Valdosta 31601
..... 1703 Pounds Rd., Stone Mountain 30087
................P.O. Box 68, Climax 31734
................ 132 Woodlawn, Blakely 31723
................P.O. Box 588, Albany 31702
.......................Box 417, Vienna 31092
..............P.O. Box 565, Montezuma 31063
............. P.O. Box 12127, Columbus 31907
..... 1069 Standing Boy Court, Columbus 31904
......... 430 Burke Circle, McDonough 30253
......... P.O. Box KK, Warner Robins 31099
................P.O. Box 461, McRae 31055
................P.O. Box 148, Soperton 30457
................214 Golf Dr., Swainsboro 30401
.................. P.O. Box 1523, Augusta 30903
.....First Federal Savings Bldg., Augusta 30901
..............P.O. Box 520, Washington 30673
............. P.O. Box 370, Milledgevile 31061
.............Suite 517, Trust Co. Bank Bldg.,
Macon 31201
. 1261 Willingham Springs Rd., Thomaston 30286
................ P.O. Box 1010, Griffin 30224
................P.O. Box 246, Greenville 30222
............. 25 Azalea Trail, Carrollton 30117
............. 340 Wingfoot St., Rockmart 30153
................ P.O. Box 1045, Smyrna 30081
.. .. Suite 225, 166 Anderson St., Marietta 30060
749 Pinehurst Dr., P.O. Box 367, Fairburn 30213
.............201 Victoria Lane, Hapeville 30354
......... 190 Wendell Dr. SE, Atlanta 30315
................ P.O. Box 1374, Marietta 30061
.............621 Lilia Dr. SW, Atlanta 30310
......... 361 West View Dr. SW, Atlanta 30310
.........2015 Peachtree St. NE, Atlanta 30309
......... 3781 Watkins Place NE, Atlanta 30319
................ 1000 First National Bank Bldg.
MEMBERS OF THE GENERAL ASSEMBLY
5081
43 Thomas R. Scott .........
44 Terrell Starr............
45 Harrill L. Dawkins.......
46 Paul C. Broun............
47 M. Parks Brown...........
48 Donn M. Peevy............
49 J. Nathan Deal...........
50 John C. Foster...........
51 Max Brannon..............
52 Edward Hine, Jr..........
53 Waymond C. Huggins.......
54 W. W. (Bill) Fincher, Jr.
55 Lawrence (Bud) Stumbaugh
56 Haskew H. Brantley, Jr...
Decatur 30030
..... 2887 Alameda Trail, Decatur 30034
4766 Tanglewood Lane, Forest Park 30050
.... 2319 Rolling Acres Ct., Conyers 30207
........... 165 Pulaski St., Athens 30610
...........P.O. Box 37, Hartwell 30643
..... 508 Spring Lake Rd., P.O. Box 862
Lawrenceville 30246
........P.O. Box 2522, Gainesville 30503
...........P.O. Box 100, Cornelia 30531
...........P.O. Box 1027, Calhoun 30701
...........P.O. Box 5511, Rome 30161
........P.O. Box 284, LaFayette 30728
.....P.O. Drawer 400, Chatsworth 30705
...................1071 Yemassee Trail
Stone Mountain 30083
........P.O. Box 605, Alpharetta 30201
5082
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA HOUSE OF REPRESENTATIVES
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Daugherty
Douglas
Early
Echols
Effingham
Elbert
House
District
153
139, 150
152
140
105, 107
11, 12
64
15, 19
137
146
99/103
117
152, 153
147
126, 129
110, 111
108, 110
78
131
151, 152
109
69, 70, 71
9 8
15o' 151
122/128
112, 130
5
8, 10
13, 67, 68
131
72
150
20, 21
139
144, 145
83, 84
146
71, 75, 77, 91
80, 98
135
1, 5
9
141, 142
43, 58
118
135
132/134, 140
41, 42, 70
140
147
129
14
County
Emanuel
Evans
Fannin
Fayette
Floyd
Forsyth
Franklin
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
Macon
Madison
Marion
McDuffie
McIntosh
Meriwether
Miller
Mitchell
Monroe
Montgomery
Morgan
House
District
109
121
4
43
15, 16
10
13
22/40
4
QO
155, 156
7
142
106
9, 59/64
11
9
106
18
93
13
77
73, 78
113/115
137
12
80
153
82, 108
110
107, 19
80, 104
78
149
118, 119
131, 136
129, 154
82
121
147, 148, 149
4
98, 115
13, 14
112
84
156
91
140
144
80
120
66
MEMBERS OF THE GENERAL ASSEMBLY
5083
COUNTY
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tatnall
House
District
3
92/97
66, 74
66
14
18, 41
98
8
152
75, 79
17, 18
117
106
130
4
130
85/90
57
112
110, 111
141
75, 76
11
130
116
91
82
121
COUNTY
House
District
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
112
118, 137
131
142, 143, 144
138, 146
120, 153
4
120
77, 81
117, 136
104
4
79
ij 5
65
150, 151
82
107
153
130
120
11
3, 6
117
82
104
136
5084
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1981-82
District Representative
Address
56...........Betty Aaron............
36...........G. D. Adams............
16...........John Adams.............
79...........Marvin Adams...........
21-Post 1....Fred Aiken.............
57-Post 3....Dean Alford............
127..........Roy L. Allen...........
8-Post 1...Wendell T. Anderson, Sr.
68...........Bob Argo...............
57-Post 1....Troy A. Athon .........
21-Post 3....Bill Atkins............
156..........Dean G. Amen...........
72-Post 5....Frank I. Bailey, Jr....
140..........Ralph J. Balkcom.......
108..........Emory E. Bargeron......
90...........Travis Stanley Barnes...
10...........Bill H. Barnett........
59...........O. M. (Mike) Barnett ...
148..........James M. Beck..........
72-Post 2....Jimmy W. Benefield ....
.3920 Johns Hopkins Ct.
Decatur 30034
.3417 Ncrthside Dr.
Hapeville 30354
.7 E. Creekview Dr.
Rome 30161
.709 Greenwood Rd.
Thomaston 30286
.4020 Pineview Dr. SE
Smyrna 30080
. 20 Willowick Dr.
Decatur 30033
. 1406 Law Dr.
Savannah 31401
RFD 4
Canton 30114
.P.O. Box 509
Athens 30603
. 1161 Valley Dr. NE
Conyers 30207
.4719 Windsor Dr.
Smyrna 30080
628 King Cotton Row
Brunswick 31520
P.O. Box 777
Riverdale 30274
Route 1
Blakely 31723
P.O. Box 447
202 E. Fifth St.
Louisville 30434
407 Aumond Rd.
Augusta 30904
P.O. Box 755
Cumming 30130
1472 Ridgewood Dr.
Lilburn 30247
2427 Westwood Dr.
Valdosta 31601
6656 Morning Dove Place
Jonesboro 30236
MEMBERS OF THE GENERAL ASSEMBLY
5085
38...........Lorenzo Benn...............
104...........Kenneth W. (Ken) Birdsong
94 .........Sanford D. Bishop, Jr...
30...........Paul Bolster...............
138...........Henry Bostick..............
137...........Paul S. Branch, Jr.....
91...........Claude A. Bray, Jr.....
34...........Tyrone Brooks..............
88 .........George M. Brown............
154...........Joe E. Brown ..............
95 .........Thomas B. Buck III ........
20-Post 2....A. L. (Al) Burruss.........
153-Post 2....Roger C. Byrd..............
146...........Hanson Carter .............
133...........Tommy Chambless............
129...........George A. Chance, Jr.......
89 .........Donald E. (Don) Cheeks ...
15-Post 1....E. M. (Buddy) Childers
53............. .Mrs. Mobley (Peggy) Childs
55...........Betty J. Clark.............
13-Post 1....Louie Max Clark............
23...........Luther S. Colbert..........
118...........Terry L. Coleman...........
144...........Marcus E. Collins, Sr......
4-Post 1....Carlton H. Colwell.....
. 579 Fielding Lane
Atlanta 30311
Route 1
Gordon 31031
P.O. Box 709
Columbus 31902
. 1043 Ormewood Ave. SE
Atlanta 30316
P.O. Box 94
Tifton 31794
. Route 4, Box 499-A
Fitzgerald 31750
P.O. Box 549
Manchester 31816
Station A, P.O. Box 11185
Atlanta 30310
P.O. Box 1114
Augusta 30903
.114 N. Commerce St.
Hinesville 31313
P.O. Box 196
Columbus 31902
P.O. Box 6338
Marietta 30065
.302 N. Rogers St.
Hazlehurst 31539
.808 River Rd.
Nashville 31639
P.O. Box 2008
Albany 31702
. P.O. Box 373
Springfield 31329
.714 Westminster Court
Augusta 30909
.15 Kirkwood St.
Rome 30161
.520 Westchester Dr.
Decatur 30030
P.O. Box 17852
Atlanta 30316
RFD 2
Danielsville 30633
.495 Houze Way
Roswell 30076
P.O. Box 157
Eastman 31023
Route 1
Pelham 31779
P.O. Box 850
Blairsville 30512
5086
MEMBERS OF THE GENERAL ASSEMBLY
87...........Jack Connell.............
106..........Jesse Copelan, Jr........
40...........Barbara H. Couch.........
141..........Walter E. Cox............
5..........John G. Crawford........
150 ........Tom Crosby, Jr...........
17...........Bill Cummings...........
20-Post 3....George W. (Buddy) Darden
33...........J. C. Daugherty .........
45...........J. Max Davis.............
29...........Douglas C. Dean..........
151 ........Harry D. Dixon...........
74...........Denny M. Dobbs...........
11-Post 1....William J. Dover.........
73...........Wesley Dunn.............
112..........Ward Edwards............
84...........Warren D. Evans..........
22...........Dorothy Felton..........
6-Post 2...Philip A. (Phil) Foster ....
97...........Mary Jane Galer .........
122..........Ron Ginsberg ............
110..........John F. Godbee ..........
63...........Bill Goodwin.............
130..........Gerald E. Greene.........
P.O. Box 308
Augusta 30903
P.O. Box 109
Eatonton 31024
2864 W. Roxboro Rd. NE
Atlanta 30324
202 West St.
Bainbridge 31717
Route 1, Box 518
Lyerly 30730
705 Wacona Dr.
Waycross 31501
Route 1
508 Morgan Valley Rd.
Rockmart 30153
P.O. Box 997
Marietta 30061
202 Daugherty Bldg.
15 Chestnut St. SW
Atlanta 30314
1177 W. Nancy Creek Dr. NE
Atlanta 30319
356 Arthur St. SW
Atlanta 30310
1303 Coral Rd.
Waycross 31501
125 Hardwick Dr.
Covington 30209
Timbrook, Route 2
Clarkesville 30523
P.O. Box 1014
McDonough 30253
P.O. Box 146
Butler 31006
P.O. Box 539
Thomson 30824
465 Tanacrest Dr. NW
Atlanta 30328
411 College Dr. Apt. E 16
Dalton 30720
7236 Lull water Rd.
Columbus 31904
P.O. Box 10105
Savannah 31412
401 Lane St.
Brooklet 30415
6427 Apple Tree Way
Norcross 30092
Route 3, Box 119
Cuthbert 31740
MEMBERS OF THE GENERAL ASSEMBLY
5087
39...........John W. Greer.................: .... 925 Healey Bldg.
Atlanta 30303
99...........Denmark Groover, Jr................P.O. Box 755
Macon 31202
124..........DeWayne Hamilton...................P.O. Box 14562
Savannah 31406
31...........Mrs. Grace T. Hamilton.............582 University Place NW
Atlanta 30314
131..........Bob Hanner.........................Route 1
Parrott 31777
8- Post 2.W. G. (Bill) Hasty, Sr.............Route 8, Hilton Dr.
Canton 30114
1-Post 2...Forest Hays, Jr....................Route 2
Flintstone 30725
43...........Paul W. Heard, Jr..................102 Camp Creek Court
Peachtree City 30269
96...........Milton Hirsch......................2718 Cora Dr.
Columbus 31906
72-Post 3....C. E. (Ed) Holcomb.................P.O. Box 122
Jonesboro 30237
28...........Bob Holmes.........................2929 Landrum Dr. SW #D-25
Atlanta 30311
116 ........George Hooks.......................P.O. Box 928
Americus 31709
103..........Frank Horne, Jr....................850 Walnut St.
Macon 31201
117 ........Newt Hudson........................Route 1, Box 298
Rochelle 31079
11...........Jack Irvin, Sr.....................Route 1, Box 217
Baldwin 30511
21-Post 2....Johnny Isakson.....................5074 Hampton Farms Dr.
Marietta 30067
9- Post 3.Jerry D. Jackson ..................P.O. Box 7275
Chestnut Mountain 30502
65...........Neal Jackson.......................316 N. Broad St.
Monroe 30655
83...........William S. (Bill) Jackson..........3907 Washington Rd.
Martinez 30907
123..........Diane Harvey Johnson..............1201 E. Duffy St.
P.O. Box 5544
Savannah 31404
21-Post 4....Frank B. Johnson...................436 Concord Rd.
Smyrna 30080
70...........Gerald Johnson.....................P.O. Box 815
Carrollton 30117
72-Post 4....Rudolph Johnson....................5604 Reynolds Rd.
Morrow 30260
76...........Suzi Johnson.......................P.O. Box 124
Orchard Hill 30266
78...........Bill Jones.........................P.O. Box 3933
Jackson 30233
5088
MEMBERS OF THE GENERAL ASSEMBLY
109..........Randolph C. (Randy) Karrh ..
42...........Thomas M. Kilgore..........
66 .........E. Roy Lambert.............
Ill..........Bob Lane...................
27...........Dick Lane .................
20-Post 5....Terry Lawler...............
49...........Tom Lawrence...............
9-Post 2...Bobby Lawson ..............
72-Post 1....Bill Lee...................
44...........John Linder................
67 .........Hugh Logan.................
142..........Bobby Long.................
107..........Jimmy Lord.................
102..........David E. Lucas.............
25 .........John M. Lupton.............
7..........J. C. Maddox ..............
57-Post 2....William C. (Bill) Mangum, Jr.
26 .........Sidney J. Marcus...........
60........... Charles C. Martin ........
145..........Hugh D. Matthews ..........
12...........Lauren (Bubba) McDonald, Jr.
15-Post 2....Forrest L. McKelvey........
35...........J. E. (Billy) McKinney.....
155..........N. Shaw McVeigh..........
13-Post 2....Billy Milford..............
P.O. Drawer K
Swainsboro 30401
1992 Tara Circle
Douglasville 30135
P.O. Box 169
Madison 30650
105 Wilton Dr.
Statesboro 30458
2704 Humphries St.
East Point 30344
4887 Mosley Rd.
Clarkdale 30020
2283 Stratmor Dr.
Stone Mountain 30087
1237 Dixon Circle
Gainesville 30501
5325 Hillside Dr.
Forest Park 30050
5039 Winding Branch Dr.
Dunwoody 30338
1328 Prince Ave.
Athens 30601
1466 6th St., NW
Cairo 31728
P.O. Box 254
Sandersville 31082
448 Woolfolk St.
Macon 31201
2220 Peachtree NW
Atlanta 30309
Route 1
Calhoun 30701
4320 Pleasant Forest Dr.
Decatur 30034
845 Canterbury Rd. NE
Atlanta 30324
470 Hill St.
Buford 30518
Route 1, Box 913
Moultrie 31768
Route 5
Dogwood Trail
Commerce 30529
104 Hooper St., RFD 1
Lindale 30147
765 Shorter Terrace NW
Atlanta 30318
P.O. Box 1542
Brunswick 31521
Route 3
Hartwell 30643
MEMBERS OF THE GENERAL ASSEMBLY
5089
61...........Rex A. Millsaps.........
153-Post 1....Lundsford Moody.........
139...........James C. Moore..........
47...........Chesley V. Morton.......
75...........John L. Mostiler........
126...........Anne Mueller............
81...........Ed Mullinax ............
18 .........Thomas B. Murphy........
121...........Clinton Oliver..........
86...........Mike Padgett ...........
105...........Bobby Eugene Parham ...
149...........Robert L. Patten........
2 .........Robert G. (Bob) Peters...
19 .........Boyd Pettit.............
125...........Bobby Phillips..........
120...........L. L. (Pete) Phillips ..
93...........W. Randolph Phillips ....
100 .........Frank C. Pinkston.......
119...........Dubose Porter...........
135...........Howard H. Rainey........
3 .........Tom Ramsey..............
101 .........William C. (Billy) Randall
98...........Robert Ray..............
147...........Henry L. Reaves.........
50...........Frank L. Redding, Jr....
.737 Nottingham Dr.
Lawrenceville 30245
P.O. Box 32
Baxley 31513
Route 2
West Green 31567
. 3069-B Colonial Way
Chamblee 30341
. 150 Meadovista Dr.
Griffin 30223
. 13013 Hermitage Rd.
Savannah 31406
P.O. Drawer 1649
LaGrange 30241
P.O. Drawer 1076
Bremen 30110
P.O. Box 237
Glennville 30427
Route 1, Box 5
Augusta 30906
P.O. Box 606
Milledgeville 31061
Route 1, Box 180
Lakeland 31635
P.O. Box 550
Ringgold 30736
P.O. Box 1256
Cartersville 30120
9219 Melody Dr.
Savannah 31406
P.O. Box 166
Soperton 30457
Route 1
Shiloh 31826
850 Walnut St.
Macon 31201
125 N. Franklin St.
Dublin 31021
913 Third Ave., E
Cordele 31015
P.O. Box 1130
Chatsworth 30705
2770 Hillcrest Ave.
Macon 31204
Route 1, Box 189
Fort Valley 31030
Route 2, Box 80
Quitman 31643
P.O. Box 117
Decatur 30030
5090
MEMBERS OF THE GENERAL ASSEMBLY
52...........Eleanor L. Richardson .............755 Park Lane
Decatur 30033
58...........Cas Robinson ......................4720 Fellswood Dr.
Stone Mountain 30083
82...........Ben Barron Ross....................P.O. Box 245
Lincolnton 30817
64...........John D. Russell ...................P.O. Box 588
Winder 30680
32...........Mrs. Helen Selman..................Jones Ferry Rd., Box 315
Palmetto 30268
71...........J. Neal Shepard, Jr................21 Fifth St.
Newnan 30263
143..........Allen Sherrod......................Route 1
Coolidge 31738
37...........Georganna Sinkfield ...............179 Tonawanda Dr., S.E.
Atlanta 30315
136..........Earleen Sizemore...................Route 3
Sylvester 31791
152..........Tommy Smith........................Route 1
Alma 31510
92...........Calvin Smyre.......................P.O. Box 181
Columbus 31902
46...........Cathey W. Steinberg................1732 Dunwoody Place NE
Atlanta 30324
69...........Charles Thomas.....................P.O. Box 686
Temple 30179
20-Post 4....Steve Thompson.....................4265 Bradley Dr.
Austell 30001
24...........Kiliaen V. R. (Kil) Townsend.......3390 Peachtree Rd. NE
Atlanta 30326
128..........Tom Triplett.......................P.O. Box 9586
Savannah 31402
4-Post 2..Ralph Twiggs.......................P.O. Box 432
Hiawassee 30546
113 ........Ted W. Waddle......................113 Tanglewood Dr.
Warner Robins 31093
80...........Kenneth Waldrep....................87 N. Lee St.
Forsyth 31029
85...........Charles W. Walker..................1402 Twelfth St.
Augusta 30901
115..........Larry Walker.......................P.O. Box 1234
Perry 31069
77...........J. Crawford Ware...................P.O. Box 305
Hogansville 30230
114 ........Roy H. (Sonny) Watson, Jr..........P.O. Box 1905
Warner Robins 31099
41...........Charlie Watts......................505 Hardee St.
Dallas 30132
132..........John White.........................P.O. Box 3506
Albany 31706
MEMBERS OF THE GENERAL ASSEMBLY
5091
62...........Thomas Hulet (Tom) White............404 James St.
Lilburn 30247
21-Post 5....Tom Wilder ............ ............2920 Rockbridge Rd.
Marietta 30066
48...........Betty Jo Williams ..................2024 Castleway Dr. NE
Atlanta 30345
54...........Hosea L. Williams, Sr...............8 E. Lake Dr. NE
Atlanta 30317
6-Post 1....Roger Williams......................132 Huntington Rd.
Dalton 30720
20-Post 1. . . . ; Joe Mack Wilson...............217 Church St.
Marietta 30060
9-Post 1....Joe T. Wood.........................P.O. Drawer 1417
Gainesville 30503
51...........Ken Workman ........................3383 Hyland Dr.
Decatur 30032
14...........Charles W. Yeargin..................P.O. Box 584
Elberton 30635
134...........Mary Young .........................423 Holloway Ave.
Albany 31705
5092
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1982-83
BY DISTRICTS AND ADDRESSES
District Representative
Address
1-Post 2....Forest Hays, Jr..............
2 .........Robert G. (Bob) Peters.......
3 .........Tom Ramsey...................
4-Post 1....Carlton H. Colwell...........
4-Post 2....Ralph Twiggs ................
5...........John G. Crawford.............
6-Post 1....Roger Williams...............
6-Post 2....Philip A. (Phil) Foster......
7...........J. C. Maddox ................
8-Post 1....Wendell T. Anderson, Sr......
8- Post 2..W. G. (Bill) Hasty, Sr.......
9- Post 1..Joe T. Wood..................
9-Post 2....Bobby Lawson ................
9-Post 3....Jerry D. Jackson ............
10...........Bill H. Barnett..............
11-Post 1....William J. Dover.............
11-Post 2....Jack Irvin, Sr...............
12...........Lauren (Bubba) McDonald, Jr.
13-Post 1....Louie Max Clark .............
13-Post 2....Billy Milford................
Route 2
Flintstone 30725
P.O. Box 550
Ringgold 30736
P.O. Box 1130
Chatsworth 30705
P.O. Box 850
Blairsville 30512
P.O. Box 432
Hiawassee 30546
Route 1, Box 518
Lyerly 30730
132 Huntington Rd.
Dalton 30720
411 College Dr.
Apt. E 16
Dalton 30720
Route 1
Calhoun 30701
RFD 4
Canton 30114
Route 8, Hilton Dr.
Canton 30114
P.O. Drawer 1417
Gainesville 30503
1237 Dixon Circle
Gainesville 30501
P.O. Box 7275
Chestnut Mountain 30502
P.O. Box 755
Cumming 30130
Timbrook, Route 2
Clarkesville 30523
Route 1, Box 217
Baldwin 30511
Route 5
Dogwood Trail
Commerce 30529
RFD 2
Danielsville 30633
Route 3
Hartwell 30643
MEMBERS OF THE GENERAL ASSEMBLY
5093
14.......
15-Post 1
15-Post 2
16.......
17 ......
18 ......
19.......
20-Post 1
20-Post 2
20-Post 3
20-Post 4
20- Post 5
21- Post 1
21-Post 2
21-Post 3
21-Post 4
21-Post 5
22
23
24
25
26
27
28
29
Charles W. Yeargin........
E. M. (Buddy) Childers....
Forrest L. McKelvey .........
John Adams................
Bill Cummings.............
Thomas B. Murphy..........
Boyd Pettit...............
Joe Mack Wilson...........
A. L. (Al) Burruss........
George W. (Buddy) Darden..
Steve Thompson............
Terry Lawler..............
Fred Aiken................
Johnny Isakson............
Bill Atkins...............
Frank B. Johnson..........
Tom Wilder................
Dorothy Felton............
Luther S. Colbert.........
Kiliaen V. R. (Kil) Townsend
John M. Lupton............
Sidney J. Marcus..........
Dick Lane ................
Bob Holmes................
Douglas C. Dean...........
. P.O. Box 584
Elberton 30635
. 15 Kirkwood St.
Rome 30161
. 104 Hooper St., RFD 1
Lindale 30147
.7 E. Creekview Dr.
Rome 30161
Route 1
508 Morgan Valley Rd.
Rockmart 30153
P.O. Drawer 1076
Bremen 30110
P.O. Box 1256
Cartersville 30120
. 217 Church St.
Marietta 30060
. P.O. Box 6338
Marietta 30065
P.O. Box 997
Marietta 30061
.4265 Bradley Dr.
Austell 30001
.4887 Mosley Rd.
Clarkdale 30020
.4020 Pineview Dr. SE
Smyrna 30080
.5074 Hampton Farms Dr.
Marietta 30067
.4719 Windsor Dr.
Smyrna 30080
.436 Concord Rd.
Smyrna 30080
.2920 Rockbridge Rd.
Marietta 30066
. 465 Tanacrest Dr. NW
Atlanta 30328
.495 Houze Way
Roswell 30076
.3390 Peachtree Rd. NE
Atlanta 30326
.2220 Peachtree NW
Atlanta 30309
845 Canterbury Rd. NE
Atlanta 30324
.2704 Humphries St.
East Point 30344
.2929 Landrum Dr. SW #D-25
Atlanta 30311
.356 Arthur St. SW
Atlanta 30310
5094
MEMBERS OF THE GENERAL ASSEMBLY
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
Paul Bolster..............
Mrs. Grace T. Hamilton
.Mrs. Helen Selman........
J. C. Daugherty ..........
Tyrone Brooks ............
. J. E. (Billy) McKinney..
. G. D. Adams.............
. Georganna T. Sinkfield..
. Lorenzo Benn............
John W. Greer.............
Barbara H. Couch..........
Charlie Watts.............
Thomas M. Kilgore.........
Paul W. Heard, Jr.........
. John Linder. ...........
. J. Max Davis............
Cathey W. Steinberg.......
. Chesley V. Morton.......
. Betty Jo Williams ......
Tom Lawrence..............
Frank L. Redding, Jr......
Ken Workman ..............
. Eleanor L. Richardson...
. Mrs. Mobley (Peggy) Childs
Hosea L. Williams, Sr.....
. 1043 Ormewood Ave. SE
Atlanta 30316
. . 582 University Place NW
Atlanta 30314
.. Jones Ferry Rd., Box 315
Palmetto 30268
202 Daugherty Bldg.
15 Chestnut St. SW
Atlanta 30314
.. Station A, P.O. Box 11185
Atlanta 30310
. . . 765 Shorter Terrace NW
Atlanta 30318
. .. 3417 Northside Dr.
Hapeville 30354
. . 179 Tonawanda Dr., S.E.
Atlanta 30315
. .. 579 Fielding Lane
Atlanta 30311
. .. 925 Healey Bldg
Atlanta 30303
. .. 2864 W. Roxboro Rd. NE
Atlanta 30324
... 505 Hardee St.
Dallas 30132
. .. 1992 Tara Circle
Douglasville 30135
. .. 102 Camp Creek Court
Peachtree City 30269
. . . 5039 Winding Branch Dr.
Dunwoody 30338
.. . 1177 W. Nancy Creek Dr. NE
Atlanta 30319
... 1732 Dunwoody Place NE
Atlanta 30324
.. ,3069-B Colonial Way
Chamblee 30341
.. . 2024 Castleway Dr. NE
Atlanta 30345
... 2283 Stratmor Dr.
Stone Mountain 30087
P.O. Box 117
Decatur 30030
... 3383 Hyland Dr.
Decatur 30032
...755 Park Lane
Decatur 30033
... 520 Westchester Dr.
Decatur 30030
. . 8 E. Lake Dr. NE
Atlanta 30317
MEMBERS OF THE GENERAL ASSEMBLY
5095
55 ........Betty J. Clark.....................P.O. Box 17852
Atlanta 30316
56 ........Betty Aaron........................3920 Johns Hopkins Ct.
Decatur 30034
57-Post 1....Troy A. Athon .....................1161 Valley Dr. NE
Conyers 30207
57-Post 2....William C. (Bill) Mangum, Jr.......4320 Pleasant Forest Dr.
Decatur 30034
57-Post 3....Dean Alford........................20 Willowick Dr.
Decatur 30033
58 ........Cas Robinson ......................4720 Fellswood Dr.
Stone Mountain 30083
59 ........0. M. (Mike) Barnett...............1472 Ridgewood Dr.
Lilburn 30247
60 ........Charles C. Martin .................470 Hill St.
Buford 30518
61 ........Rex A. Millsaps....................737 Nottingham Dr.
Lawrenceville 30245
62 ........Thomas Hulet (Tom) White...........404 James St.
Lilburn 30247
63 ........Bill Goodwin.......................6427 Apple Tree Way
Norcross 30092
64 ........John D. Russell ...................P.O. Box 588
Winder 30680
65 ........Neal Jackson.......................316 N. Broad St.
Monroe 30655
66 ........E. Roy Lambert.....................P.O. Box 169
Madison 30650
67 ........Hugh Logan.........................1328 Prince Ave.
Athens 30601
68 ........Bob Argo...........................P.O. Box 509
Athens 30603
69 ........Charles Thomas.....................P.O. Box 686
Temple 30179
70 ........Gerald Johnson.....................P.O. Box 815
Carrollton 30117
71 ........J. Neal Shepard, Jr................21 Fifth St.
Newnan 30263
72-Post 1....Bill Lee...........................5325 Hillside Dr.
Forest Park 30050
72-Post 2....Jimmy W. Benefield.................6656 Morning Dove Place
Jonesboro 30236
72-Post 3....C. E. (Ed) Holcomb.................P.O. Box 122
Jonesboro 30237
72-Post 4....Rudolph Johnson....................5604 Reynolds Rd.
Morrow 30260
72-Post 5....Frank I. Bailey Jr.................P.O. Box 777
Riverdale 30274
73...........Wesley Dunn........................P.O. Box 1014
McDonough 30253
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
MEMBERS OF THE GENERAL ASSEMBLY
Denny M. Dobbs....................125 Hardwick Dr.
Covington 30209
John L. Mostiler..................150 Meadovista Dr.
Griffin 30223
Suzi Johnson......................P.O. Box 124
Orchard Hill 30266
J. Crawford Ware..................P.O. Box 305
Hogansville 30230
Bill Jones........................P.O. Box 3933
Jackson 30233
Marvin Adams .....................709 Greenwood Rd.
Thomas ton 30286
Kenneth Waldrep...................87 N. Lee St.
Forsyth 31029
Ed Mullinax ......................P.O. Drawer 1649
LaGrange 30241
Ben Barron Ross...................P.O. Box 245
Lincolnton 30817
William S. (Bill) Jackson.........3907 Washington Rd.
Martinez 30907
Warren D. Evans...................P.O. Box 539
Thomson 30824
Charles W. Walker.................1402 Twelfth St.
Augusta 30901
Mike Padgett .....................Route 1, Box 5
Augusta 30906
Jack Connell......................P.O. Box 308
Augusta 30903
George M. Brown...................P.O. Box 1114
Augusta 30903
Donald E. (Don) Cheeks ...........714 Westminster Court
Augusta 30909
Travis Stanley Barnes.............407 Aumond Rd.
Augusta 30904
Claude A. Bray, Jr................P.O. Box 549
Manchester 31816
Calvin Smyre......................P.O. Box 181
Columbus 31902
W. Randolph Phillips..............Route 1
Shiloh 31826
Sanford D. Bishop, Jr.............P.O. Box 709
Columbus 31902
Thomas B. Buck III................P.O. Box 196
Columbus 31902
Milton Hirsch.....................2718 Cora Dr.
Columbus 31906
Mary Jane Galer ..................7236 Lullwater Rd.
Columbus 31904
Route 1, Box 189
Fort Valley 31030
Robert Ray
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
MEMBERS OF THE GENERAL ASSEMBLY
. Denmark Groover, Jr..............P.O. Box 755
Macon 31202
. Frank C. Pinkston................850 Walnut St.
Macon 31201
. William C. (Billy) Randall.......2770 Hillcrest Ave.
Macon 31204
. David E. Lucas...................448 Woolfolk St.
Macon 31201
. Frank Horne, Jr..................850 Walnut St.
Macon 31201
. Kenneth W. (Ken) Birdsong........Route 1
Gordon 31031
. Bobby Eugene Parham..............P.O. Box 606
Milledgeville 31061
Jesse Copelan, Jr..................P.O. Box 109
Eatonton 31024
. Jimmy Lord.......................P.O. Box 254
Sandersville 31082
Emory E. Bargeron..................P.O. Box 447
202 E. Fifth St.
Louisville 30434
. Randolph C. (Randy) Karrh........P.O. Drawer K
Swainsboro 30401
John F. Godbee.....................401 Lane St.
Brooklet 30415
Bob Lane...........................105 Wilton Dr.
Statesboro 30458
Ward Edwards.......................P.O. Box 146
Butler 31006
Ted W. Waddle......................113 Tanglewood Dr.
Warner Robins 31093
Roy H. (Sonny) Watson, Jr..........P.O. Box 1905
Warner Robins 31099
. Larry Walker.....................P.O. Box 1234
Perry 31069
George Hooks.......................P.O. Box 928
Americus 31709
Newt Hudson........................Route 1, Box 298
Rochelle 31079
. Terry L. Coleman.................P.O. Box 157
Eastman 31023
DuBose Porter......................125 N. Franklin St.
Dublin 31021
. L.L. (Pete) Phillips.............P.O. Box 166
Soperton 30457
. Clinton Oliver...................P.O. Box 237
Glennville 30427
Ron Ginsberg.......................P.O. Box 10105
Savannah 31412
5097
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
MEMBERS OF THE GENERAL ASSEMBLY
Diane Harvey Johnson
DeWayne Hamilton . . .
Bobby Phillips ......
Anne Mueller ........
Roy L. Allen.........
Tom Triplett.........
George A. Chance, Jr. .
Gerald E. Greene.....
Bob Hanner...........
John White...........
Tommy Chambless....
Mary Young ..........
Howard H. Rainey
Earleen Sizemore.....
Paul S. Branch, Jr.
Henry Bostick........
James C. Moore.......
Ralph J. Balkcom.....
Walter E. Cox........
Bobby Long...........
Allen Sherrod........
Marcus E. Collins, Sr..
Hugh D. Matthews . .
Hanson Carter .......
Henry L. Reaves......
1201 E. Duffy St.
P.O. Box 5544
Savannah 31404
P.O. Box 14562
Savannsh 31406
9219 Melody Dr.
Savannah 31406
13013 Hermitage Rd.
Savannah 31406
1406 Law Dr.
Savannah 31401
P.O. Box 9586
Savannah 31402
P.O. Box 373
Springfield 31329
Route 3, Box 119
Cuthbert 31740
Route 1
Parrott 31777
P.O. Box 3506
Albany 31706
P.O. Box 2008
Albany 31702
423 Holloway Ave.
Albany 31705
913 Third Ave., E
Cordele 31015
Route 3
Sylvester 31791
Route 4, Box 499-A
Fitzgerald 31740
P.O. Box 94
Tifton 31794
Route 2
West Green 31567
Route 1
Blakely 31723
202 West St.
Bainbridge 31717
1466 6th St., NW
Cairo 31728
Route 1
Coolidge 31738
Route 1
Pelham 31779
Route 1, Box 913
Moultrie 31768
808 River Rd.
Nashville 31639
Route 2, Box 80
Quitman 31643
MEMBERS OF THE GENERAL ASSEMBLY
5099
148 .........James M. Beck.....................2427 Westwood Dr.
Valdosta 31601
149 .........Robert L. Patten..................Route 1, Box 180
Lakeland 31635
150 .........Tom Crosby, Jr....................705 Wacona Dr.
Waycross 31501
151 .........Harry D. Dixon....................1303 Coral Rd.
Waycross 31501
152 .........Tommy Smith.......................Route 1
Alma 31510
153-Post 1....Lundsford Moody...................P.O. Box 32
Baxley 31513
153-Post 2....Roger C. Byrd.....................302 N. Rogers St.
Hazlehurst 31539
154 .........Joe E. Brown .....................114 N. Commerce St.
Hinesville 31313
155 .........Norman Shaw McVeigh.............P.O. Box 1542
Brunswick 31521
156 .........Dean G. Auten.....................628 King Cotton Row
Brunswick 31520
5100
RESULTS OF REFERENDUM ELECTIONS
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1982
Election
Referendum$ Results Not Final
Georgia Laws Proposed
1963 (Jan./Feb.) 14
1963 (Nov./Dec.) 21
1965 17
1966 39
1967 24
1968 46
1969 34
1960 47
1961 .................... 27
1962 38
1963 39
1964 36
1964 Ex. Sess.............. 9
1965 ..................... 23
1966 ..................... 26
1967 ..................... 39
1968 48
1969 48
1970 44
1971 43
1971 Ex. Sess. 3
1972 64
1973 21
1974 25
1975 33
1975 Ex. Sess. 1
1976 26
1977 13
1978 25
1979 5
1980 22
1981 ..................... 10
1982 ..................... 36
TOTALS................ 943
Not Known Held Result
1 2 11
5 16
1 1 15
4 1 34
1 23
2 2 41
1 33
7 1 39
1 26
1 2 35
1 6 33
2 3 30
1 1 7
3 20
2 23
2 37
3 1 44
3 3 42
4 1 39
6 38
3
1 1 62
1 2 18
1 1 23
1 1 31
1
2 24
13
1 24
5
4 18
2 8
36
42 49 852
RESULTS OF REFERENDUM ELECTIONS
5101
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5102
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
5103
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5104
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1154:
RESULTS OF REFERENDUM ELECTIONS
5105
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5106 RESULTS OF REFERENDUM ELECTIONS
Georgia Law, 1IM:
RESULTS OF REFERENDUM ELECTIONS
5107
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RESULTS OF REFERENDUM ELECTIONS
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Georgia Lows, 1N7:
RESULTS OF REFERENDUM ELECTIONS
5109
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Georgia Laws, 1*57
5110
RESULTS OF REFERENDUM ELECTIONS
06
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h <o w i-t io t-
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Georgia Law, 1958:
RESULTS OF REFERENDUM ELECTIONS
5111
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Georgia Laws, 1958:
5112
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
5113
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Georgia Laws, 1958:
5114
RESULTS OF REFERENDUM ELECTIONS
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Georgia Law, 1>59:
RESULTS OF REFERENDUM ELECTIONS 5115
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Georgia Laws, 1959:
5116
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1M>:
RESULTS OF REFERENDUM ELECTIONS
5117
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Georgia Laws, I960:
5118
RESULTS OF REFERENDUM ELECTIONS
..io "?o
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Georgia Law, I960:
RESULTS OF REFERENDUM ELECTIONS
5119
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Georgia Lawa, 1960:
5120
RESULTS OF REFERENDUM ELECTIONS
Georgia Law, 1961:
RESULTS OF REFERENDUM ELECTIONS
5121
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5122
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
5123
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5124 RESULTS OF REFERENDUM ELECTIONS
0'fHOOHNt^,ij'HTfOiocoo^'HeoH<eHW5Nt-ooot'
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2403 Town of Locust Grove.................. 4-25-62
Georgia Laws, 1962:
RESULTS OF REFERENDUM ELECTIONS
5125
8
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Georgia Laws, 1962:
5126
RESULTS OF REFERENDUM ELECTIONS
a
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00
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Georgia Law, 1963:
RESULTS OF REFERENDUM ELECTIONS
5127
S
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||
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I
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5128
RESULTS OF REFERENDUM ELECTIONS
a
8
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2
Agn 669
Pulaski.... 343C Tax Commissioner .................. 6-18-63 For_ 354
_ I Agrn 321
Screven ... 2835 City of Sylvania.................... 6- 4-63 For_ 160
RESULTS OF REFERENDUM ELECTIONS
5129
i
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5130
RESULTS OF REFERENDUM ELECTIONS
a
a
u
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a
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351
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RESULTS OF REFERENDUM ELECTIONS
5131
I
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00
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5132
RESULTS OF REFERENDUM ELECTIONS
I<MO<MOOlOlOCO*iOOOC>r
|a>a>a>coa5oot>inioCT>^'
OJNW5C-tOWtON<DN(N
IHHN Tj T? T*
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! 45
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Georgia Uwi 1964, Extra Session:
RESULTS OF REFERENDUM ELECTIONS
5133
a
!
at
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^ISUJIONt- ,3 O
c
III I i
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5
(JOO 3 gON
HM'ti
I I I I CM I I
o 6 o 6*s o o 6
3
5134
RESULTS OF REFERENDUM ELECTIONS
a
9
4>
X
Oi <> CO 0 OO 2 C 2 SoOOOOOOOt>NOlOCJlO
WiflCON'I'WOt" aj > S
lOlftt-COW^OOOOftj OjS o CO H H yj f-H
mam Mm..........................1
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CO CO CO CO CO CO CO
1542
Georgia Laws, 1965:
RESULTS OF REFERENDUM ELECTIONS
5135
o o

H
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9
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Stephens... 2628 ! County Commissioners..............! 11-8-66 I For 1443
Agn1554
Wayne...... 3090 City of Jesup....................... 5-25-66 For1083
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Georgia Laws, 1967:
5138
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RESULTS OF REFERENDUM ELECTIONS 5139
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RESULTS OF REFERENDUM ELECTIONS
5141
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Georgia Laws, 1988:
RESULTS OF REFERENDUM ELECTIONS
5143
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5144 RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1969:
RESULTS OF REFERENDUM ELECTIONS
5145
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5146 RESULTS OF REFERENDUM ELECTIONS
3927 City of Warner Robins ............. Election Results
RESULTS OF REFERENDUM ELECTIONS
5147
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Georgia Laws, 1969:
5148
RESULTS OF REFERENDUM ELECTIONS
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8030 | County Board of Education ........I 11- 3-70 | For 815
RESULTS OF REFERENDUM ELECTIONS 5151

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5152
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws 1971, January/February session:
RESULTS OF REFERENDUM ELECTIONS
5153
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Georgia Laws, 1971, Jan./Feb. session:
5154
RESULTS OF REFERENDUM ELECTIONS
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5158
RESULTS OF REFERENDUM ELECTIONS
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5160
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
5163
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Georgia Laws 1974, January/February session:
5164
RESULTS OF REFERENDUM ELECTIONS
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Georgia Lewi 1974, January/February Session.
RESULTS OF REFERENDUM ELECTIONS
5165
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5166
RESULTS OF REFERENDUM ELECTIONS
GENERAL ELECTION
Date 11-5-74
Common Day of Rest Act of 1974
Ga. L. 1974, p. 186
COUNTY
Yes No
Appling......
Atkinson.....
Bacon .......
Baker ......,
Baldwin.....
Banks ......
Barrow .....
Bartow .....
Ben Hill ....
Berrien ....
Bibb........
Bleckley
Brantley ....
Brooks .....
Bryan ......
Bulloch ....
Burke .......
Butts ......
Calhoun ....
Camden......
Candler ....
Carroll ....
Catoosa......
Charlton ....
Chatham ....
Chattahoochee
Chattooga
Cherokee ....
Clarke .....
Clay .......
Clayton.....
Clinch .....
Cobb .......
Coffee .....
Colquitt ....
Columbia ...
Cook .......
Coweta .....
Crawford . ..
Crisp ......
Dade .......
Dawson......
Decatur.....
DeKalb .....
Dodge ......
Dooly.......
Dougherty ..
Douglas.....
Early.......
Echols .....
Effingham ..
Elbert .....
Emanuel ....
Evans ......
Fannin .....
590
274
300
109
1,901
566
1,501
1,704
578
442
8,536
439
189
341
344
1,604
545
786
166
367
187
3,696
1,440
177
14,278
153
1,322
2,424
6,525
116
9,965
144
25,632
629
1,168
1,113
423
2,622
338
537
485
515
579
54,127
470
314
3,887
2,958
297
66
627
998
803
231
829
692
245
603
253
1,989
709
1.830
2,407
1,127
1,142
12,667
888
303
916
447
2,441
797
929
429
430
231
4,391
1,424
198
12,039
116
1,281
2.830
4,853
242
10,231
379
21,237
1,493
2,701
1,687
978
2,470
455
1,303
317
199
958
40,882
1,835
684
8,146
2,815
1,084
74
1,039
1,765
1,353
<76
729
RESULTS OF REFERENDUM ELECTIONS 5167
COUNTY Yes No
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 H.............................................. 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 ................................................ 536 448
Pierce ................................................. 311 540
Pike ................................................... 652 713
Polk ................................................. 1,973 2,009
Pulaski ................................................ 430 366
Putnam...........,................................. 665 343
5168
RESULTS OF REFERENDUM ELECTIONS
COUNTY Yes No
Quitman .................................................. 85 142
Rabun .................................................. 618 701
Randolph ............................................... 334 790
Richmond .............................................. 7,477 11,596
Rockdale .............................................. 1,811 2,032
Schley ................:........................... 117 171
Screven ................................................. 514 740
Seminole ................................................ 309 588
Spalding ............................................. 2,867 3,258
Stephens ................................................ 698 1,673
Stewart ................................................. 183 329
Sumter .............................................. 1,119 1,925
Talbot .................................................. 320 326
Taliaferro ............................................... 70 192
Tattnall ................................................ 484 960
Taylor .................................................. 520 741
Telfair.................................................. 359 977
Terrell.................................................. 456 1,062
Thomas ................................................ 1,315 2,173
Tift .................................................... 940 1,716
Toombs .................................................. 975 1,640
Towns ................................................... 535 247
Treutlen ................................................ 333 630
Troup ................................................ 2,550 3,831
Turner .................................................. 334 870
Twiggs .................................................. 427 696
Union ................................................. 1,330 548
Upson ................................................. 2,145 2,115
Walker ................................................ 2,104 2,264
Walton ................................................ 1,397 1,786
Ware .................................................. 1,363 1,910
Warren ................................................ 173 364
Washington ............................................ 1,035 2,037
Wayne.................................................. 660 1,118
Webster .................................................. 99 127
Wheeler ................................................. 257 698
White ................................................... 941 562
Whitfield ............................................. 2,030 2,274
Wilcox ................................................. 239 759
Wilkes................................................... 439 1,531
Wilkinson .............................................. 395 765
Worth ................................................... 423 1,203
TOTAL ................................................ 434,559 363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gaylords, Inc., 233 Ga. 694,
decided February 13, 1975.
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This Act ruled invalid by U.S. Justice Department on August 18,1975.
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5170
RESULTS OF REFERENDUM ELECTIONS
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#Date of General Primary 8-10-76
Georgia Laws, 1976, January/February Session:
RESULTS OF REFERENDUM ELECTIONS
5171
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Georgia Laws, 1976, January/February session:
5172
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
5173
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Referendum Election Results: Acts of the 1978 Session of the General Assembly
5174
RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1978 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
5175
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5176
RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1980 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS 5177
Referendum Election Results: Acts of the 1981 Session of the General Assembly
5178 RESULTS OF REFERENDUM ELECTIONS

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Referendum Election Results: Acts of the 1982 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
5179
These are 1981 laws that were required to be held in 1982.
Referendum Election Results: Acts of the 1982 Session of the General Assembly
5180 RESULTS OF REFERENDUM ELECTIONS
These are 1981 laws that were required to be held in 1982.
Referendum Election Results: Acts of the 1982 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS 5181
Referendum Election Results: Acts of the 1982 Session of the General Assembly
5182 RESULTS OF REFERENDUM ELECTIONS
PROCLAMATION
5183
OFFICE OF SECRETARY OF STATE
1, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE
STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached
twenty-three pages constitute a true and correct copy of the votes cast
for and against the ratification of the new Constitution and the sev-
enty-eight Constitutional Amendments to the Constitution of the State
of Georgia of 1976 voted on in the General Election held on November
2, 1982, as certified by the Secretary of State to the Governor of the
State of Georgia, together with the proclamation of the Governor of
the State of Georgia declaring the results of the vote of each amend-
ment; all as the same appears of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af-
fixed the seal of my office, at the Capitol, in the City of Atlanta, this
7th day of January, in the year of our Lord One Thousand Nine Hun-
dred and Eighty-three and of the Independence of the United States of
America the Two Hundred and Seventh.
DAVID B. POYTHRESS
Secretary of State
5184
PROCLAMATION
EXECUTIVE DEPARTMENT
PROCLAMATION
BY THE GOVERNOR:
WHEREAS: Pursuant to the provisions of Article XII, Section I,
Paragraph I of the Constitution of the State of
Georgia of 1976, four general Constitutional Amend-
ments and 74 local Constitutional Amendments to
the Constitution of the State of Georgia of 1976
were submitted to the electors of the State of Geor-
gia for ratification or rejection at the General Elec-
tion held on November 2, 1982; and
WHEREAS: Pursuant to said provisions of the Constitution of
the State of Georgia of 1976, a proposed new Consti-
tution (proposed Constitutional Amendment num-
ber 1) was submitted to the electors of the State of
Georgia for ratification or rejection at the General
Election held on November 2, 1982; and
WHEREAS: The number of votes cast for and against the ratifi-
cation of the new Constitution and the 78 Constitu-
tional Amendments to the Constitution of the State
of Georgia of 1976 voted on in the General Election
held on November 2, 1982, have been counted, tabu-
lated, computed and canvassed by the Secretary of
State of the State of Georgia, and the results thereof
certified to me as Governor of the State of Georgia;
and
WHEREAS: Said certifications are attached hereto and by refer-
ence are made a part hereof; and
WHEREAS: The Georgia Election Code provides that the Gover-
nor shall issue his proclamation declaring the results
of the vote of each proposed Constitutional Amend-
ment.
NOW, THEREFORE, PURSUANT TO THE AU-
THORITY VESTED IN ME AS GOVERNOR OF
THE STATE OF GEORGIA, IT IS HEREBY
PROCLAIMED: That proposed Constitutional Amendments num-
bers 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18,
PROCLAMATION
5185
FURTHER:
FURTHER:
21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51,
52, 53, 55, 56, 57, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69,
70, 71, 72, 73, 74, 75, 77, 78 and 79 which appeared
upon the 1982 General Election ballot, all of which
are Amendments to the Constitution of the State of
Georgia of 1976, having been ratified according to
the Constitution of the State of Georgia of 1976 ac-
cording to the results of the November 1982 General
Election held on Tuesday, November 2, 1982, are a
part of the Constitution of the State of Georgia of
1976. Unless the amendment itself shall provide
othewise, each amendment to the Constitution shall
become effective on January 1, 1983.
I do proclaim that proposed Constitutional Amend-
ments numbers 2, 9, 19, 20, 38, 54, 58, 59 and 76
which appeared upon the 1982 General Election bal-
lot, all of which were proposed Amendments to the
Constitution of the State of Georgia of 1976, not
having been ratified according to the Constitution of
the State of Georgia of 1976 according to the results
of the November 1982 General Election held on
Tuesday, November 2, 1982, are not a part of the
Constitution of the State of Georgia of 1976.
I do proclaim that proposed Constitutional Amend-
ment number 1, the proposed new Constitution,
which appeared upon the 1982 General Election bal-
lot, having been ratified according to the Constitu-
tion of the State of Georgia of 1976 according to the
results of the November 1982 General Election held
on Tuesday, November 2, 1982, shall be the new
Constitution of the State of Georgia, effective July
1, 1983.
5186
PROCLAMATION
By the Governor:
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the Executive Depart-
ment to be affixed. This 21st day of December, 1982.
GEORGE BUSBEE
Governor
TOM PERDUE
Secretary, Executive Department
PROCLAMATION
5187
OFFICE OF SECRETARY OF STATE
I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE
STATE OF GEORGIA, DO HEREBY CERTIFY THAT in the Gen-
eral Election held in this State November 2, 1982, the number of votes
cast for and against the five (5) General Constitutional Amendments
voted on in said election are tabulated on the one typewritten page
hereto attached and is the true and correct total vote as shown by the
consolidated returns which are filed in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af-
fixed the seal of my office, at the Capitol, in the City of Atlanta, this
12th day of November, in the year of our Lord One Thousand Nine
Hundred and Eighty-Two and of the Independence of the United
States of America the Two Hundred and Seventh.
DAVID B. POYTHRESS
Secretary of State
5188 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
GENERAL CONSTITUTIONAL AMENDMENTS VOTED
ON NOVEMBER 2, 1982
YES
NO
AMENDMENT NO. 1
Extraordinary Res. Act
1
H. R. 4 Ex
(Ga. Ex. Session L.
1981, P. 143)
Shall the proposed
new Constitution be
ratified as the Consti-
tution of the State of
Georgia?
567,663 211,342
AMENDMENT NO. 2 Shall the Constitution 317,060 501,359
Extraordinary Res. Act
2
H. R. 6 Ex
(Ga. Ex. Session L.
1981, P. 224)
AMENDMENT NO. S
Res. Act 131
S. R. 340
(Ga. L. 1982, P. 2546)
AMENDMENT NO. 4
Res. Act 132
H. R. 158
(Ga. L. 1982, P. 2547)
be amended so as to
provide that persons
holding the office of
Governor may not suc-
ceed themselves?
Shall the Constitution
be amended so as to
clarify the status of
sovereign immunity
and to waive the de-
fense of sovereign im-
munity in contract ac-
tions and in other
actions to the extent of
liability insurance and
as otherwise may be
provided by law?
Shall the Constitution
be amended so as to
authorize the General
Assembly to provide
by law for the creation
of a countywide public
library system within
all counties of this
state having a popula-
tion of 550,000 or more
according to the
United States decen-
410,400 256,971
375,412 346,083
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5189
AMENDMENT NO. 5
Res. Act 124
S. R. 293
(Ga. L. 1982, P. 2517)
nial census of 1980 or
any future such census
and authorizing the
General Assembly to
transfer existing li-
brary facilities and
systems of such county
and of any municipal-
ity located wholly or
partially within such
county to the county-
wide public library
system?
Shall the Constitution 332,933 310,132
be amended so as to
increase the home-
stead exemption for
residents of Henry
County from ad
valorem taxation for
state, county, and
school purposes, ex-
cept taxes levied by
municipalities for
school purposes and
taxes to pay interest
on and retire bonded
indebtedness, from
$2,000.00 to $4,000.00?
5190 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
OFFICE OF SECRETARY OF STATE
I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE
STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached
twenty pages of typewritten matter constitute a true and correct copy
of the votes cast in this State in the General Election held on Novem-
ber 2, 1982, for and against Local Constitutional Amendments number
six (6) through seventy-nine (79); all as same appears of file and record
in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af-
fixed the seal of my office, at the Capitol, in the City of Atlanta, this
3rd day of December, in the year of our Lord One Thousand Nine
Hundred and Eighty-two and of the Independence of the United
States of America the Two Hundred and Seventh.
DAVID B. POYTHRESS
Secretary of State
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5191
LOCAL CONSTITUTIONAL AMENDMENTS VOTED ON
NOVEMBER 2, 1982
AMENDMENT NO. 6
(Res. Act 176, H. R. 780, Ga. L. 1982, P. 2653)
APPLING COUNTY
Shall the Constitution be
amended so as to authorize a
homestead exemption for resi-
dents of the City of Baxley in an
amount to be fixed by the gov-
erning authority of the city at not
more than $15,000.00 from all
City of Baxley ad valorem taxes?
AMENDMENT NO. 7
(Res. Act 133, H. R. 303, Ga. L. 1982, P. 2549)
BIBB COUNTY AND JONES COUNTY
City of Baxley
Yes 404 No 96
Shall the Constitution be
amended so as to increase the
amount of the pensions paid to
certain retired firemen or police-
men?
City of Macon (Bibb County)
Yes 11,326 No 3,014
City of Macon (Jones County)
Yes 21 No 4
AMENDMENT NO. 8
(Res. Act 182, H. R. 817, Ga. L. 1982, P. 2669)
BLECKLEY COUNTY
Shall the Constitution be
amended so as to provide for the
election of the members of the
Board of Education of Bleckley
County from education districts
and to provide for other matters
relative thereto?
Bleckley County School Dist.
Yes 1,302 No 730
AMENDMENT NO. 9
(Res. Act 130, S. R. 333, Ga. L. 1982, P. 2544)
5192 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
BRYAN COUNTY
Shall the Constitution be
amended so as to change the re-
quirement that the governing au-
thority of Bryan County must levy
and collect an annual ad valorem
tax of two mills for developing
and promoting industry by au-
thorizing the governing authority
to levy and collect an annual ad
valorem tax of from zero to a
maximum of two mills based upon
the recommendation of the Bryan
County Industrial Development
Authority and providing that all
such funds levied and collected
must be paid over to the Bryan
County Industrial Development
Authority for the purposes au-
thorized?
AMENDMENT NO. 10
(Res. Act 71, H. R. 170, Ga. L. 1981, P. 1916)
BULLOCH COUNTY
Shall the Constitution be Bulloch County
amended so as to authorize the
governing authority of Bulloch Yes 3,084 No 2,141
County to create and tax at differ-
ent rates subclasses of real prop-
erty for purposes of special ser-
vices fire districts?
AMENDMENT NO. 11
(Res. Act 78, H. R. 338, Ga. L. 1981, P. 1931)
BULLOCH COUNTY
Bryan County
Yes 593 No 731
Shall the Constitution be
amended so as to authorize the
General Assembly to allocate a
percentage of the proceeds of any
local sales and use tax levied
Bulloch County
Yes 4,214 No 1,635
Bulloch County School Dist.
Yes 4,214 No 1,635
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5193
within Bulloch County to the Bul-
loch County school system and to
include provisions relative to a re-
duction in the ad valorem millage
rate for school purposes?
AMENDMENT NO. 12
(Res. Act 67, S. R. 86, Ga. L. 1981, P. 1909)
CAMDEN COUNTY
Shall the Constitution be Camden County
amended so as to provide that the
Probate Court of Camden County Yes 650 No 301
shall have jurisdiction to try and
impose fines for the violation of
county ordinances and resolutions
in accordance with the fines speci-
fied by such ordinance or resolu-
tion and to authorize the General
Assembly to provide by law the
procedures and conditions under
which this jurisdiction shall be ex-
ercised?
AMENDMENT NO. 13
(Res. Act 149, H. R. 640, Ga. L. 1982, P. 2586)
CAMDEN COUNTY
Shall the Constitution be
amended so as to provide a home-
stead exemption in an amount of
$4,000.00 from all county and
county school ad valorem taxes
for residents of Camden County
and to provide an additional
homestead exemption in an
amount of $4,000.00 from all
county and county school ad
valorem taxes for residents of
Camden County who are 60 years
of age or older and who have an
income from all sources in an
amount not exceeding $12,000.00?
Camden County
Yes 883 No 215
Camden County School Dist.
Yes 883 No 215
5194 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
AMENDMENT NO. 14
(Res. Act 72, H. R. 206, Ga. L. 1981, P. 1917)
CHATHAM COUNTY
Shall the Constitution be Chatham County
amended so as to exempt from ad
valorem taxation for educational Yes 14,047 No 5,057
purposes levied for or in behalf of
the Board of Public Education for
the City of Savannah and the
County of Chatham in the amount
of $12,000.00 of the assessed value
of the homestead of each resident
of Chatham County who is 62
years of age or over if his net in-
come from all sources, including
the net income from all sources of
all members of his family residing
within the homestead, as net in-
come is defined by Georgia law,
does not exceed $10,000.00?
AMENDMENT NO. 15
(Res. Act 73, H. R. 210, Ga. L. 1981, P. 1920)
CHATHAM COUNTY
Shall the Constitution be
amended so as to provide that the
compensation of the members of
the Board of Public Education for
the City of Savannah and the
County of Chatham may be
changed by local law without the
necessity of a referendum?
CHATTOOGA COUNTY
Shall the Constitution be
amended so as to allocate to the
Chattooga County School District
Chatham County
Yes 10,058 No 9,976
2675)
Chattooga County
Yes 1,462 No 1,221
Chattooga County School Dist.
AMENDMENT NO. 16
(Res. Act 183, H. R. 822, Ga. L. 1982, P.
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5195
and to the City of Trion for the Yes 1,118 No 933
use of the Trion Independent Trion School District
School District for the proceeds of Yes 344 No 288
any local sales and use tax levied
within Chattooga County and so
as to provide for corresponding ad
valorem tax adjustments?
AMENDMENT NO. 17
(Res. Act 118, S. R. 225, Ga. L. 1982, P. 2505)
COBB COUNTY
Shall the Constitution be City of Powder Springs
amended so as to authorize the
General Assembly to modify the Yes 366 No 238
provisions governing the Powder
Springs Downtown Development
Authority?
AMENDMENT NO. 18
(Res. Act 164, H. R. 730, Ga. L. 1982, P. 2615)
COBB COUNTY
Shall the Constitution be Cobb County
amended so as to provide that a
vacancy in the office of a justice of Yes 37,459 No 23,725
the peace in Cobb County shall
not be filled until the next general
election after the occurrence of
the vacancy?
AMENDMENT NO. 19
(Res. Act 146, H. R. 634, Ga. L. 1982, P. 2578)
COLQUITT COUNTY
Shall the Constitution be
amended so as to remove the
maximum amount of interest that
bonds issued by the Moultrie-Col-
quitt County Development Au-
thority may bear and the maxi-
mum amount of interest that the
Authority may pay on funds bor-
Colquitt County
Yes 967 No 1,792
City of Moultrie
Yes 583 No 1,637
5196 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
rowed from financial institutions
and to provide a code of ethics for
members of the Authority?
AMENDMENT NO. 20
(Res. Act 180, H. R. 813, Ga. L. 1982, P. 2663)
COLQUITT COUNTY
Shall the Constitution be
amended so as to require the tax
commissioner of Colquitt County
to collect an additional fee of
$1.00 for every motor vehicle li-
cense tag or annual renewal decal
issued by such official and to re-
quire the revenue derived from
the collection of such fee to be
used to fund emergency medical
services in Colquitt County?
AMENDMENT NO. 21
(Res. Act 144, H. R. 622, Ga. L. 1982, P. 2575)
COLUMBIA COUNTY
Shall the Constitution be Columbia County
amended so as to increase the ju- Yes 3,373 No 2,254
risdiction of civil cases over which
the Justices of the Peace of Co-
lumbia County shall have jurisdic-
tion?
AMENDMENT NO. 22
(Res. Act 139, H. R. 573, Ga. L. 1982, P. 2564)
CRISP COUNTY
Shall the Constitution be Crisp County School District
amended to provide an additional Yes 2,142 No 390
homestead exemption of $2,000.00
from ad valorem taxes levied for
educational purposes by, for, or on
behalf of the Crisp County School
System for all residents of the
Colquitt County
Yes 2,086 No 2,270
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5197
Crisp County School District who
are 65 years of age or over?
AMENDMENT NO. 23
(Res. Act 142, H. R. 597, Ga. L. 1982, P. 2570)
CRISP COUNTY
Shall the Constitution be
amended so as to provide for an
increase in membership of the
Crisp County-Cordele Industrial
Development Authority?
AMENDMENT NO. 24
(Res. Act 70, H. R. 142, Ga. L. 1981, P. 1914)
DEKALB COUNTY
Shall the Constitution be
amended so as to provide for a
homestead exemption from cer-
tain city ad valorem taxes for resi-
dents of the City of Decatur in an
amount to be fixed by the gov-
erning authority of the city at not
more than $2,000.00 for the first
year, and which may be increased
periodically, but which exemption
shall not exceed $10,000.00?
AMENDMENT NO. 25
(Res. Act 129, S. R. 330, Ga. L. 1982, P. 2542)
DEKALB COUNTY
Shall the Constitution be City of Chamblee
amended so as to increase the Yes 931 No 135
homestead exemptions for resi-
dent homeowners of the City of
Chamblee to an amount of
$20,000.00 for a resident home-
owner under the age of 65 and to
exempt from all city ad valorem
taxes the full value of the home-
stead of each resident homeowner
City of Decatur
Yes 2,919 No 628
Crisp County
Yes 722 No 311
City of Cordele
Yes 808 No 299
5198 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
who is totally disabled or is 65
years of age or older?
AMENDMENT NO. 26
(Res. Act 143, H. R. 617, Ga. L. 1982, P. 2573)
DEKALB COUNTY
Shall the Constitution be DeKalb County
amended so as to authorize the Yes 64,271 No 21,302
General Assembly at any time to
abolish by local law the offices of
justice of the peace, the offices of
constable, and justice courts
within DeKalb County and to au-
thorize the General Assembly by
local law to provide that other
courts within DeKalb County
shall exercise and be vested with
the jurisdiction of justice courts in
such manner as the General As-
sembly shall determine, provided
that judges of the Recorders
Court of DeKalb County and
magistrates of such court are
elected by the qualified voters of
the county or by the qualified vot-
ers of districts within the county
pursuant to parallel local legisla-
tion adopted by the General As-
sembly?
mayor and council of the City of
Pine Lake to exempt from ad
valorem taxes an amount not to
exceed $4,000.00 of the value of
the homestead of residents of the
City of Pine Lake?
AMENDMENT NO. 27
(Res. Act 151, H. R. 663, Ga. L. 1982, P. 2590)
DEKALB COUNTY
Shall the Constitution be
amended so as to authorize the
City of Pine Lake
Yes 107 No 29
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5199
AMENDMENT NO. 28
(Res. Act 162, H. R. 716, Ga. L. 1982, P. 2610)
DEKALB COUNTY
Shall the Constitution be City of Doraville
amended so as to provide for a Yes 1,087 No 159
homestead exemption for resi-
dents of the City of Doraville in
an amount fixed by the governing
authority of the city at not more
than $50,000 from all ad valorem
taxes levied and collected by the
City?
AMENDMENT NO. 29
(Res. Act 178, H. R. 789, Ga. L. 1982, P. 2657)
DEKALB COUNTY
Shall the Constitution be
amended so as to change the
amount of homestead exemption
granted to residents of DeKalb
County from DeKalb County and
DeKalb County school district
taxes to $10,000.00?
AMENDMENT NO. 30
DeKalb County
Yes 68,972 No 22,104
DeKalb County School District
Yes 64,235 No 20,502
(Res. Act 179, H. R. 793, Ga. L. 1982, P. 2659)
DEKALB COUNTY
Shall the Constitution be
amended so as to provide that
each resident of the DeKalb
County School District who is 62
years of age or over or who is dis-
abled and whose gross income, to-
gether with the gross income of
the spouse and all members of the
family who reside at and occupy
the homestead of such resident,
does not exceed $16,000.00 per an-
num shall be granted an exemp-
DeKalb County School District
Yes 70,113 No 16,826
5200 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
tion from all DeKalb County
School District ad valorem taxes
on $20,000.00 of the value of the
homestead owned and occupied
by such resident?
AMENDMENT NO. 31
(Res. Act 167, H. R. 743, Ga. L. 1982, P. 2634)
EFFINGHAM COUNTY
Shall the Constitution be Effingham County School Dist.
amended to provide an additional Yes 1,653 No 448
homestead exemption of $2,000.00
from ad valorem taxes levied for
educational purposes by, for, or on
behalf of the Effingham County
School System for all residents of
the Effingham County School Dis-
trict who are 65 years of age or
over?
AMENDMENT NO. 32
(Res. Act 77, H. R. 307, Ga. L. 1981, P. 1928)
COWETA COUNTY AND FULTON COUNTY
Shall the Constitution be
amended so as to provide a home-
stead exemption of $8,000.00 from
all Palmetto ad valorem taxes for
each resident of the City of Pal-
metto who is 65 years of age or
older having an adjusted gross in-
come, with certain exclusions, to-
gether with the adjusted gross in-
come of his spouse who also
occupies and resides at such
homestead, which does not exceed
$8,000.00 for the immediately
preceeding taxable year for in-
come tax purposes?
AMENDMENT NO. 33
(Res. Act 117, S. R. 38, Ga. L. 1982, P. 2504)
City of Palmetto (Coweta
County)
Yes 21 No 2
City of Palmetto (Fulton County)
Yes 276 No 39
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5201
FULTON COUNTY
Shall the Constitution be
amended so as to provide that the
Board of Commissioners of Fulton
County shall have the power and
authority to make grants in an
amount not to exceed $5,000.00 to
municipalities located wholly or
partially within Fulton County for
the conduct of recreational pro-
grams and activities in such mu-
nicipalities?
AMENDMENT NO. 34
(Res. Act 120, S. R. 264, Ga. L. 1982, P. 2509)
DEKALB COUNTY AND FULTON COUNTY
Fulton County
Yes 48,870 No 34,786
Shall the Constitution be
amended so as to exempt the in-
creased value of property result-
ing from certain capital improve-
ments of the Cabbagetown
Historic District economic reuse
establishment and certain addi-
tions thereto from all City of At-
lanta and Fulton County ad
valorem property taxes, including
ad valorem taxes for school pur-
poses, for a period of seven years
following their establishment or
addition?
AMENDMENT NO. 35
(Res. Act 127, S. R. 320, Ga. L. 1982,
FULTON COUNTY
Shall the Constitution be
amended so as to create the
Hapeville Development Authority
and to provide for the powers, du-
ties, and responsibilities of said
Authority; and to authorize the
City of Atlanta (DeKalb County)
Yes 1,847 No 1,236
Atlanta School Dist.
(DeKalb County)
Yes 1,847 No 1236
Fulton County
Yes 40,896 No 39,843
City of Atlanta (Fulton County)
Yes 25,658 No 20,757
Atlanta School Dist.
(Fulton County)
Yes 25,658 No 20,757
P. 2524)
City of Hapeville
Yes 788 No 658
5202 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
City of Hapeville to contract with
said Authority, to create special
tax districts and levy taxes
therein, and to levy taxes within
the municipality and expend the
same as payments pursuant to
contractual agreements which
may arise between the City of
Hapeville and said Authority?
AMENDMENT NO. 36
(Res. Act 155, H. R. 672, Ga. L. 1982, P. 2597)
FULTON COUNTY
Shall the Constitution be
amended so as to provide for an
increase in the maximum income
qualifications from $6,000.00 to
$8,000.00 for homestead exemp-
tions from city ad valorem taxa-
tion for resident homeowners in
the City of Union City who are 65
years of age or older?
AMENDMENT NO. 37
(Res. Act 159, H. R. 701, Ga. L. 1982, P. 2605)
CLAYTON COUNTY AND FULTON COUNTY
Shall the Constitution be
amended so as to provide for a
homestead exemption for resident
homeowners of the City of College
Park who are under age 65 in the
amount of $6,000.00 and in the
amount of $8,000.00 for such resi-
dent homeowners who are totally
disabled or 65 years of age or
older?
AMENDMENT NO. 38
(Res. Act 163, H. R. 718, Ga. L. 1982, P. 2613)
City of College Park
(Clayton County)
Yes 364 No 32
City of College Park
(Fulton County)
Yes 2,508 No 164
City of Union City
Yes 509 No 155
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5203
FULTON COUNTY
Shall the Constitution be Fulton County
amended so as to authorize, ratify, Yes 38,348 No 43,409
and affirm the creation of a build-
ing authority of Fulton County, to
authorize said authority to enter
into certain contracts, to authorize
the exemption of said authoritys
activities from taxation, and to
authorize provisions for validation
of its obligations?
AMENDMENT NO. 39
(Res. Act 166, H. R. 741, Ga. L. 1982, P. 2618)
FULTON COUNTY
Shall the Constitution be City of Hapeville
amended so as to create the Yes 672 No 665
Hapeville Development Authority
and to provide for the powers, du-
ties, and responsibilities of said
Authority; and to authorize the
City of Hapeville to contract with
said Authority, to create special
tax districts and levy taxes
therein, and to levy taxes within
the municipality and expend the
same as payments pursuant to
contractual agreements which
may arise between the City of
Hapeville and said Authority?
AMENDMENT NO. 40
(Res. Act 173, H. R. 774, Ga. L. 1982, P. 2645)
DEKALB COUNTY AND FULTON COUNTY
Shall the Constitution be
amended so as to authorize the
General Assembly to provide by
local law that exemptions from ad
valorem taxation by Fulton
County and the City of Atlanta
City of Atlanta (DeKalb County)
Yes 1,806 No 1,151
Atlanta School Dist.
(DeKalb Co.)
Yes 1,806 No 1,151
City of Atlanta (Fulton County)
5204 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
for inventories of certain goods
may apply within urban enter-
prise zones established by the gov-
erning body of the City of At-
lanta?
AMENDMENT NO. 41
Yes 29,199 No 16,576
Atlanta School Dist. (Fulton Co.)
Yes 29,199 No 16,576
Fulton County
Yes 46,025 No 34,274
(Res. Act 174, H. R. 775, Ga. L. 1982, P. 2647)
DEKALB COUNTY AND FULTON COUNTY
Shall the Constitution be
amended so as to provide that the
General Assembly may enact leg-
islation treating real property lo-
cated in an urban enterprise zone
as designated by the governing
body of the City of Atlanta as a
separate class of property in
Fulton County and the City of At-
lanta for the purposes of ad
valorem taxes levied for city and
county purposes?
City of Atlanta (DeKalb County)
Yes 1,657 No 1,337
City of Atlanta (Fulton County)
Yes 25,771 No 19,148
Fulton County
Yes 40,778 No 38,355
AMENDMENT NO. 42
(Res. Act 75, H. R. 215, Ga. L. 1981, P. 1923)
GILMER COUNTY
Shall the Constitution be Gilmer County
amended so as to authorize the Yes 498 No 469
Gilmer County Industrial Devel-
opment Authority to fix the inter-
est rate to be borne by bonds, de-
bentures, or revenue bonds issued
by the authority and to provide
that state usury laws shall not ap-
ply to such issues?
AMENDMENT NO. 43
(Res. Act 169, H. R. 748, Ga. L. 1982, P. 2637)
GLYNN COUNTY
Shall the Constitution be
amended so as to authorize and
Glynn County
Yes 4,943 No 3,090
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5205
empower the governing authority
of Glynn County to enact ordi-
nances for the governing and po-
licing of said county, to imple-
ment and enforce such ordinances,
and to provide penalties for the
violation of such ordinances; and
to authorize the enforcement of
such ordinances by proceedings in
the Superior Court or State Court
of Glynn County or in other
courts established by the General
Assembly?
AMENDMENT NO. 44
(Res. Act 74, H. R. 213, Ga. L. 1981, P. 1921)
GWINNETT COUNTY
Shall the Constitution be
amended so as to increase the
homestead exemption to
$20,000.00 and the income limits
to $10,000.00 for certain residents
of Gwinnett County who are 65
years of age or over and to provide
for the granting of such exemp-
tion to both spouses under certain
conditions although only one of
them is 65 years of age or over?
Gwinnett County School District
Yes 30,693 No 6,121
Gwinnett County
Yes 30,693 No 6,121
AMENDMENT NO. 45
(Res. Act 140, H. R. 591, Ga. L. 1982, P. 2566)
HABERSHAM COUNTY
Shall the Constitution be
amended so as to require the
Board of Education of the Haber-
sham County School District to
impose, levy, and collect a 1 per-
cent sales and use tax for educa-
tional purposes and to adjust mil-
lage rate limitations upon and the
millage rate levied by the Haber-
Habersham County School Dist.
Yes 2,859 No 1,404
5206 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
sham County School District on
and after January 1, 1984, to take
into account the proceeds received
from that tax by the school dis-
trict the preceding year?
AMENDMENT NO. 46
(Res. Act 123, S. R. 292, Ga. L. 1982, P. 2515)
HENRY COUNTY
Shall the Constitution be
amended so as to provide a home-
stead exemption of $20,000.00
from all Henry County School
District ad valorem taxes for each
resident of the Henry County
School District who is 62 years of
age or over or who is disabled if
his income from all sources, to-
gether with the income of all
members of his family who also
occupy and reside at such home-
stead, does not exceed $12,000.00?
Henry County School District
Yes 6,083 No 1,159
AMENDMENT NO. 47
(Res. Act 125, S. R. 294, Ga. L. 1982, P. 2519)
HENRY COUNTY
Shall the Constitution be Henry County
amended so as to provide a home- Yes 6,943 No 1,028
stead exemption of $6,000.00 from
Henry County ad valorem taxes
for each resident of Henry County
who is 65 years of age or over or
who is disabled if his net income,
together with the net income of
his spouse who also occupies and
resides at such homestead, does
not exceed $6,000.00, exclusive of
certain retirement, survivor, disa-
bility, and pension benefits?
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5207
AMENDMENT NO. 48
(Res. Act 161, H. R. 713, Ga. L. 1982, P. 2609)
HENRY COUNTY
Shall the Constitution be
amended so as to provide that cer-
tain capital improvements of new
manufacturing establishments
shall be exempt from all Henry
County ad valorem taxes, except
taxes for school purposes, for
three years from their establish-
ment?
AMENDMENT NO. 49
(Res. Act 157, H. R. 699, Ga. L. 1982, P. 2600)
HOUSTON COUNTY
Henry County
Yes 3,572 No 3,485
Shall the Constitution be
amended so as to impose a local
sales and use tax in Houston
County and allocate the proceeds
of the tax to the Houston County
School System only if the power
of said school system to levy ad
valorem taxes is limited by an-
other constitutional amendment?
Houston County
Yes 8,409 No 6,762
Houston County School District
Yes 8,409 No 6,762
AMENDMENT NO. 50
(Res. Act 158, H. R. 700, Ga. L. 1982, P. 2601)
HOUSTON COUNTY
Shall the Constitution be
amended so as to limit the power
of Houston County and the Hous-
ton County School District to im-
pose, levy, collect, and receive ad
valorem taxes?
Houston County
Yes 10,146 No 5,556
Houston County School District
Yes 10,146 No 5,556
AMENDMENT NO. 51
(Res. Act 150, H. R. 657, Ga. L. 1982, P. 2588)
5208 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
JEFFERSON COUNTY
Shall the Constitution be
amended so as to permit the Gen-
eral Assembly to authorize local
taxing jurisdictions in Jefferson
County to grant discounts for
early payment of ad valorem
taxes?
AMENDMENT NO. 52
Jefferson County
Yes 1,568 No 564
Jefferson Co. School District
Yes 1,568 No 564
City of Louisville
Yes 358 No 104
City of Wadley
Yes 160 No 57
City of Wrens
Yes 195 No 67
City of Bartow
Yes 38 No 15
City of Avery
Yes 13 No 8
City of Stapleton
Yes 30 No 4
(Res. Act 152, H. R. 669, Ga. L. 1982, P. 2592)
LOWNDES COUNTY
Shall the Constitution be Lowndes County
amended so as to increase the ju- Yes 3,762 No 3,248
risdiction of civil cases over which
the Justices of the Peace of
Lowndes County shall have juris-
diction?
AMENDMENT NO. 53
(Res. Act 153, H. R. 670, Ga. L. 1982, P. 2593)
LOWNDES COUNTY
Shall the Constitution be Lowndes County
amended so as to provide that the Yes 3,630 No 3,534
board of commissioners of
Lowndes County shall have the
right and power to assess and col-
lect license fees and taxes from all
persons, firms, and corporations
doing business in the unincorpo-
rated area of Lowndes County?
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5209
AMENDMENT NO. 54
(Res. Act 175, H. R. 777, Ga. L. 1982, P. 2649)
LOWNDES COUNTY
Shall the Constitution be Lowndes County
amended so as to authorize Yes 3,478 No 3,612
Lowndes County to issue street
improvement bonds for the pur-
pose of financing the costs of ac-
quiring, constructing and improv-
ing streets, such bonds to be
payable solely from the assess-
ments on the property which
abuts the improvements acquired
or constructed with the proceeds
thereof?
AMENDMENT NO. 55
(Res. Act 147, H. R. 636, Ga. L. 1982, P. 2582)
MERIWETHER COUNTY
Shall the Constitution be
amended so as to increase the dol-
lar amount of civil cases over
which the Justices of the Peace of
Meriwether County shall have ju-
risdiction and provide for bond
requirements be approved?
AMENDMENT NO. 56
(Res. Act 172, H. R. 758, Ga. L. ]
MITCHELL COUNTY
Shall the Constitution be
amended so as to require the
boards of education of the Mitch-
ell County School District and the
Pelham Independent School Dis-
trict to impose, levy, and collect a
1 percent sales and use tax for
educational purposes and to ad-
just millage rate limitations upon
Meriwether County
Yes 1,673 No 1,535
I, P. 2643)
Mitchell County School District
Yes 2,038 No 730
Pelham School District
Yes 654 No 93
Mitchell County
Yes 2,692 No 823
5210 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
and the millage rates levied by
such school districts to take into
account the proceeds received
from the sales and use tax by each
school district the preceding year?
AMENDMENT NO. 57
(Res. Act 76, H. R. 271, Ga. L. 1981, P. 1926)
MUSCOGEE COUNTY
Shall the Constitution be
amended so as to provide for as-
sessment of homestead property
in Muscogee County for ad
valorem tax purposes based upon
the value of the property on Janu-
ary 1, 1983; or as of January 1 of
the first year when homestead ex-
emption is allowed and claimed
after January 1, 1983; or as of
January 1 of the year following
the last change of ownership after
January 1, 1983, whichever is
later?
Muscogee County School District
Yes 19,513 No 7,143
Muscogee/Columbus Consolidated
Yes 19,513 No 7,143
AMENDMENT NO. 58
(Res. Act 141, H. R. 594, Ga. L. 1982, P. 2568)
NEWTON COUNTY
Shall the Constitution be City of Covington
amended so as to provide for a Yes 685 No 887
homestead exemption for resi-
dents of the City of Covington in
an amount to be fixed by the gov-
erning authority of the city at not
more than $20,000.00 from all ad
valorem taxes levied and collected
by the city?
AMENDMENT NO. 59
(Res. Act 171, H. R. 753, Ga. L. 1982, P. 2640)
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5211
NEWTON COUNTY
Shall the Constitution be
amended so as to change the pro-
visions relating to homestead ex-
emptions for residents of Newton
County so that each resident shall
receive a $4,000.00 exemption
from county and school ad
valorem taxes and certain elderly
and disabled residents may re-
ceive a $10,000.00 exemption and
so as to provide a 1 percent sales
and use tax for the Newton
County School District and a cor-
responding limit on ad valorem
taxes for the school district?
Newton County
Yes 1,289 No 5,211
Newton County School District
Yes 1,289 No 5,211
AMENDMENT NO. 60
(Res. Act 121, S. R. 266, Ga. L. 1982, P. 2511)
PAULDING COUNTY
Shall the Constitution be
amended so as to provide that the
homestead of each resident of the
Paulding County School District
who is 65 years of age or over, re-
gardless of income, shall be ex-
empt from ad valorem taxation
for educational purposes levied by
or on behalf of the Paulding
County School District, including
ad valorem taxation to pay inter-
est on or to retire school bond in-
debtedness, in the amount of 50%
of the assessed value of such
homestead minus any applicable
exemptions otherwise provided by
this Constitution on such home-
stead for educational purposes,
and to provide that the homestead
of each resident of the Paulding
County School District who is 70
Paulding County School District
Yes 3,341 No 895
5212 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
years of age or over, regardless of
income, shall be completely ex-
empt from all ad valorem taxation
for educational purposes levied by
or on behalf of the Paulding
County School District, including
ad valorem taxation to pay inter-
est on or to retire school bond in-
debtedness.
AMENDMENT NO. 61
(Res. Act 148, H. R. 639, Ga. L. 1982, P. 2584)
PIERCE COUNTY
Shall the Constitution be
amended so to provide that each
resident of the Pierce County
School District who is 62 years of
age or over and whose income
from all sources, including the in-
come of all family members resid-
ing within said homestead, does
not exceed $12,000.00 per annum
shall be granted a homestead ex-
emption of $10,000.00 from all
Pierce County School District ad
valorem taxes?
Pierce County School District
Yes 1,060 No 222
AMENDMENT NO. 62
(Res. Act 122, S. R. 267, Ga. L. 1982, P. 2513)
POLK COUNTY
Shall the Constitution be
amended so as to increase from
two hundred dollars to five hun-
dred dollars the civil jurisdiction
of justices of the peace in Polk
County?
Polk County
Yes 2,356 No 1,711
AMENDMENT NO. 63
(Res. Act 181, H. R. 816, Ga. L. 1982, P. 2664)
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5213
PULASKI COUNTY
Shall the Constitution be
amended so as to provide for the
election of the members of the
Board of Education of Pulaski
County from education districts
and to provide for other matters
relative thereto?
AMENDMENT NO. 64
(Res. Act 126, S. R. 309, Ga. L. 1982
RABUN COUNTY
Shall the Constitution be
amended so as to require the
Board of Education of the Rabun
County School District to impose,
levy, and collect a 1 percent sales
and use tax for educational pur-
poses and to adjust millage rate
limitations upon and the millage
rate levied by the Rabun County
School District on and after Janu-
ary 1, 1984, to take into account
the proceeds received from that
tax by the school district the pre-
ceding year?
AMENDMENT NO. 65
(Res. Act 165, H. R. 740, Ga. L. 1
RICHMOND COUNTY
Shall the Constitution be
amended so as to exempt from
City of Augusta ad valorem taxes
certain capital improvements of
commercial and business estab-
lishments?
AMENDMENT NO. 66
(Res. Act 170, H. R. 751, Ga. L. 1
Pulaski County School District
Yes 1,159 No 271
P. 2522)
Rabun County School District
Yes 1,202 No 803
:, P. 2616)
City of Augusta
Yes 4,062 No 1,720
:, P. 2639)
5214 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
RICHMOND COUNTY
Shall the Constitution be Richmond County
amended so as to authorize the Yes 17,397 No 3,845
General Assembly to create, by lo-
cal law, a merit system of employ-
ment for all or some of the em-
ployees of the sheriff in Richmond
County?
AMENDMENT NO. 67
(Res. Act 156, H. R. 698, Ga. L. 1982, P. 2598)
SCHLEY COUNTY
Shall the Constitution be
amended so as to increase the dol-
lar amount of civil cases over
which the justices of the peace of
Schley County shall have jurisdic-
tion from $200.00 to $750.00?
SCREVEN COUNTY
Shall the Constitution be
amended so as to exempt the cap-
ital improvements of certain man-
ufacturing establishments in
Screven County and certain addi-
tions thereto from all county, mu-
nicipal, and school district ad
valorem property taxes for a pe-
riod of five years following their
establishment or addition?
Schley County
Yes 216 No 155
2635)
Screven County School District
Yes 1,078 No 447
Screven County
Yes 1,078 No 447
AMENDMENT NO. 68
(Res. Act 168, H. R. 746, Ga. L. 1982, P.
AMENDMENT NO. 69
(Res. Act 79, H. R. 339, Ga. L. 1981, P. 1933)
SPALDING COUNTY
Shall the Constitution be
amended so as to increase the ju-
risdiction of civil cases over which
Spalding County
Yes 4,460 No 3,134
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5215
the Justices of the Peace of Spald-
ing County shall have jurisdic-
tion?
AMENDMENT NO. 70
(Res. Act 184, H. R. 823, Ga. L. 1982, P. 2677)
SPALDING COUNTY
Shall the Constitution be
amended so as to declare the con-
struction of certain public facili-
ties in Spalding County as an es-
sential governmental funtion and
a public purpose; to authorize
Spalding County to levy a retail
sales and use tax to provide funds
for the implementation of such
public purpose; to authorize
Spalding County to issue not
more than three million two hun-
dred thousand dollars ($3,200,000)
of the jailhouse bonds and not
more than four million one hun-
dred thousand dollars ($4,100,000)
of courthouse and administrative
facility bonds; to authorize the
Grifiin-Spalding County School
System to issue not more than ten
million dollars ($10,000,000) of
school bonds; all such bonds to be
payable solely from and secured
solely by the proceeds of sales and
use tax without a referendum, but
subject to the limitations im-
posed?
Spalding County
Yes 8,339 No 1,354
Griffin/Spalding School Dist.
Yes 8,339 No 1,354
AMENDMENT NO. 71
(Res. Act 185, H. R. 826, Ga. L. 1982, P. 2680)
SPALDING COUNTY
Shall the Constitution be Griffin/Spalding School Dist.
amended so as to provide that the Yes 6,532 No 1,795
Grifiin-Spalding County Board of
5216 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
Education shall be composed of
ten members to be elected from
ten education districts by the
electors of their respective dis-
tricts.
AMENDMENT NO. 72
(Res. Act 137, H. R. 540, Ga. L. 1982, P. 2557)
TIFT COUNTY
Shall the Constitution be
amended so as to authorize the
General Assembly to provide by
local Act for the creation of a
charter commission to study all
matters relating to the consolida-
tion of the governments of the
City of Tifton and Tift County
and for the establishment of a
successor government with powers
and jurisdiction throughout the
territorial limits of Tift County
and to draft a proposed charter to
create such successor government,
which proposed charter shall be
submitted to the voters of Tift
County for approval or rejection
in such manner as the General As-
sembly shall provide by said local
Act?
AMENDMENT NO. 73
(Res. Act 128, S. R. 321, Ga. L. 1982, P. 2540)
TOWNS COUNTY
Shall the Constitution be Towns County School District
amended so as to provide that un- Yes 1,133 No 670
less the joint county and munici-
pal sales and use tax is approved
for imposition within Towns
County prior to November 1,
1982, then the Board of Education
of the Towns County School Dis-
Tift County
Yes 2,675 No 1,747
City of Tifton
Yes 2,023 No 948
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5217
trict shall be required to impose,
levy, and collect a 1 percent sales
and use tax for educational pur-
poses and adjust millage rate limi-
tations upon and the millage rate
levied by the Towns County
School District on and after Janu-
ary 1, 1984, to take into account
the proceeds received from that
tax by the school district the pre-
ceding year?
AMENDMENT NO. 74
(Res. Act 119, S. R. 227, Ga. L. 1982, P. 2507)
UNION COUNTY
Shall the Constitution be Union County School District
amended so as to require the Yes 1,973 No 389
Board of Education of the Union
County School District to impose,
levy, and collect a 1 percent sales
and use tax for educational pur-
poses for a period beginning on
January 1, 1983, and ending on
December 31, 1984?
AMENDMENT NO. 75
(Res. Act 160, H. R. 705, Ga. L. 1982, P. 2607)
UPSON COUNTY
Shall the Constitution be
amended so as to enlarge and ex-
pand upon the types and kinds of
projects which the Thomaston-
Upson County Industrial Develop-
ment Authority may undertake
and in which it may be engaged?
Upson County
Yes 3,216 No 1,190
City of Thomaston
Yes 1,441 No 515
AMENDMENT NO. 76
(Res. Act 177, H. R. 787, Ga. L. 1982, P. 2655)
WALTON COUNTY
Shall the Constitution be
Walton County
5218 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
amended so as to provide that the Yes 1,588 No 1,629
Board of Commissioners of Wal-
ton County shall have the right
and power to assess and collect li-
cense fees and taxes from all per-
sons, firms, and corporations do-
ing business in the unincorporated
area of Walton County?
AMENDMENT NO. 77
(Res. Act 138, H. R. 563, Ga. L. 1982, P. 2563)
WARE COUNTY
Shall the Constitution be
amended so as to authorize the
board of commissioners of Ware
County to create the office of
county manager, appoint and re-
move the county manager, fix his
compensation, and prescribe his
duties, powers, and responsibili-
ties by local ordinance or resolu-
tion?
AMENDMENT NO. 78
(Res. Act 145, H. R. 625, Ga. L. 1982, P. 2576)
WHITFIELD COUNTY
Shall the Constitution be Whitfield County
amended so as to increase the Yes 7,107 No 1,789
amount of the homestead exemp-
tion of each resident of Whitfield
County from $2,000.00 to
$10,000.00 for the purposes of all
Whitfield County taxes, except
Whitfield County school district
taxes and taxes to pay interest on
and retire bonded indebtedness?
Ware County
Yes 3,038 No 2,250
AMENDMENT NO. 78
(Res. Act 154, H. R. 671, Ga. L. 1982, P. 2595)
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 5219
WHITFIELD COUNTY
Shall the Constitution be
amended so as to authorize the
board of commissioners of Whit-
field County to provide by ordi-
nance or resolution for the crea-
tion of a merit system of
employment and personnel ad-
ministration for employees of
Whitfield County paid in whole or
in part by county funds, other
than elected or certain appointed
officials?
Whitfield County
Yes 4,666 No 4,459
For any information regarding these
ACTS and RESOLUTIONS please contact:
MAX CLELAND
Secretary of State
N

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